The
first
Chapter
.
Of
the
differences
of
times
and
seasons
by
the
Law
of
Nations
.
AL
Nations
in
putting
difference
betwixt
times
and
seasons
haue
rather
followed
a
populer
and
common
obseruation
,
then
the
precise
rules
and
principles
of
Astronomy
,
accompting
it
more
conuenient
and
requisite
,
that
sithence
all
contracts
and
matters
of
entercourse
doe
fall
within
the
listes
and
precincts
of
time
,
that
therefore
the
moments
and
measures
of
time
should
be
publikely
and
familiarly
knowne
to
populer
conceit
:
In
setting
downe
the
definition
of
Time
,
they
agree
in
the
substance
and
matter
it selfe
,
though
in
wordes
and
tearmes
they
be
somewhat
dissonant
.
Aristotle
a
great
Philosopher
amongst
the
Graecians
defineth
Time
to
be
the
measure
of
motion
,
according
to
prioritie
and
posterioritie
,
a
short
and
subtill
definition
,
but
yet
true
&
sound
.
Varro
as
great
and
famous
amongst
the
Romanes
defineth
it
to
be
interuallum
mundi
&
motus
,
the
space
of
the
world
and
motion
,
a
briefe
definition
and
verie
nimble
,
if
it
be
nimbly
vnderstood
:
for
by
the
world
he
meaneth
the
course
of
time
,
by
motion
the
course
of
thinges
.
Others
,
as
the
Egyptians
haue
defined
it
a
dimension
perceyued
by
the
conuersion
of
the
heauens
.
Plato
,
who
of
these
matters
had
in
his
trauayle
conference
with
Arabians
,
Egyptians
,
and
Chaldeans
,
defineth
it
to
be
a
moueable
and
chaungeable
representation
of
Eternitie
;
[
c
](B13659-e92650-b)
c
Plat.
in
Tim.
and
truely
and
aptly
doth
he
tearme
it
a
chaungeable
representation
or
image
of
Eternitie
:
for
as
Censorinus
noteth
,
Time
in
regarde
of
Eternitie
,
is
but
a
winters
day
.
[
d
](B13659-e92680-b)
d
Censo
.
c.
4.
de
di
.
na.
But
though
time
be
as
much
obscured
in
eternitie
,
as
a
small
penny
is
amongest
the
riches
of
Craesus
,
yet
as
that
was
part
of
his
riches
,
so
time
must
needes
be
a
part
of
Eternitie
.
Cicero
defineth
time
more
vulgarly
,
to
be
a
part
of
Eternitie
with
a
certaine
difference
,
of
a
yearely
,
monethly
,
daily
,
and
nightly
distance
,
[
e
](B13659-e92720-b)
e
Cic.
lib.
de
sin
.
4.
so
that
Plato
his
definition
hath
relation
to
the
cause
of
time
;
Ciceroes
to
the
persons
that
make
vse
of
time
.
Philosophers
haue
left
to
posteritie
many
subtill
,
deepe
,
and
learned
discourses
of
time
,
but
bidding
their
definitions
and
disputations
farewell
,
I
will
examine
and
weye
the
distinct
partes
of
time
with
a
popular
ballance
,
and
according
to
common
sence
,
taking
that
course
to
be
most
sutable
to
my
profession
.
The
partes
of
time
according
to
the
generall
diuision
of
Nations
are
a
yeare
,
a
moneth
,
a
day
,
an
howre
,
and
a
moment
:
for
the
Olympiads
and
Lustra
,
as
being
proper
to
the
Graecians
and
Romanes
must
be
secluded
from
this
Treatise
,
and
Seculum
as
being
a
thing
not
vsuall
in
law
,
which
now
we
handle
must
likewise
be
cassierd
.
Yet
in
speaking
of
time
we
may
not
forget
to
handle
the
circumstances
of
time
as
they
be
accommodated
to
the
Law
,
and
to
the
actions
of
men
:
As
namely
of
a
long
time
,
a
short
time
,
a
late
time
,
an
auncient
time
,
a
certaine
time
,
an
vncertaine
time
,
a
continuall
time
,
a
conuenient
time
,
time
past
,
time
present
,
and
time
future
.
But
first
to
speake
of
the
yeare
,
Annus
according
to
the
Etymologie
learnedly
searched
out
by
Varro
,
is
nothing
els
but
a
circuit
:
for
as
the
little
circles
are
called
annuli
,
ringes
;
so
the
great
circles
or
compasses
of
time
are
called
Anni
,
yeares
[
f
](B13659-e92850-b)
f
Var.
lib.
5.
de
lingu
.
lat.
.
The
yeare
is
a
time
,
wherein
the
Sunne
perfitteth
his
course
,
and
that
is
accomplished
in
the
space
of
three
hundred
,
three
scoore
,
and
fiue
dayes
,
and
sixe
howres
almost
:
And
this
hath
our
Law
well
obserued
,
as
may
appeare
by
these
verses
:
Ter
centum
,
ter
viginti
,
cum
quinque
diebus
,
Sex
horas
,
neque
plus
integer
annus
habet
[
g
](B13659-e92890-b)
g
18.
Elizab.
345.
Dyer
.
.
by
which
accompt
(
if
you
subtract
the
howers
and
halfe
dayes
)
the
quarter
of
the
yeare
will
fall
out
as
it
is
in
our
Law
set
downe
,
to
be
nintie
and
one
dayes
;
and
the
halfe
yeare
,
a
hundred
eightie
and
two
dayes
,
[
h
](B13659-e92900-b)
h
Ibidem
.
which
was
almost
fully
signified
by
Ianus
his
image
in
Rome
,
in
whose
right
hand
was
the
number
of
three
hundred
,
and
in
his
left
hand
fiftie
and
fiue
.
[
i
](B13659-e92930-b)
i
Macrob.
lib.
1.
Stur
.
ca.
9.
Others
haue
made
the
same
difference
betwixt
the
yeare
and
moneth
which
the
Merchants
of
some
Countries
make
betwixt
the
ounce
and
the
pound
,
deliuering
their
conceit
in
this
verse
:
Vnciaque
in
libra
pars
est
,
quae
mensis
in
anno
.
And
though
it
be
a
common
receiued
opinion
,
that
the
Romanes
at
the
first
,
and
a
long
time
after
the
foundation
of
their
Citie
did
accompt
but
tenne
monethes
for
the
yeare
,
so
that
Ouid
quarrelleth
with
Romulus
his
Astronomy
in
this
maner
:
[
k
](B13659-e92980-b)
k
Ouid.
lib.
1.
fastor
.
Scilicet
arma
magis
quàm
sydera
Romule
noras
.
Yet
if
the
course
&
circumduction
of
their
yeare
be
well
obserued
,
it
will
appeare
to
haue
conteined
the
full
space
of
twelue
monethes
,
as
may
appeare
by
Plinie
[
l
](B13659-e93010-b)
l
Plin.
lib.
2.
ca.
9.
,
Macrobius
[
m
](B13659-e93030-b)
m
Macrob.
1.
Satur.
ca.
12.
et
lib.
1.
in
som
.
Scip.
c.
6.
,
and
Plutarch
[
n
](B13659-e93050-b)
n
Plut.
in
Num.
.
And
this
was
likewise
the
yeare
of
other
Nations
.
The
Romanes
did
begin
their
vulgar
yeare
at
the
beginning
of
Winter
,
as
appeareth
by
Ouid
:
Bruma
noui
prima
est
veterisquè
nouissima
solis
.
Which
course
seemeth
to
bee
agreeable
to
the
course
of
nature
,
because
then
the
sunne
beginneth
to
returne
vnto
vs
,
and
therefore
wee
may
rightly
deriue
the
beginning
of
his
circuite
from
thence
:
The
yeare
is
diuided
into
the
Spring
,
Summer
,
Haruest
,
&
Winter
.
The
Romaines
did
accompt
the
spring
that
space
of
time
which
was
betwixt
the
Calends
of
March
&
the
Calends
of
May
,
[
o
](B13659-e93090-b)
o
Liuy
.
lib.
34.
but
the
most
common
&
currant
entrance
of
the
spring
in
the
reputation
of
all
the
nations
of
the
world
,
was
when
the
plants
or
herbage
of
the
earth
began
to
waxe
greene
:
and
therefore
it
is
rightly
tearmed
ver
a
virendo
,
as
sommer
is
called
aestas
ab
aestu
,
and
then
is
said
to
begin
when
heate
beginneth
.
[
p
](B13659-e93120-b)
p
Tacit.
de
mor.
Germ.
The
name
of
Autumne
nor
the
thing
it selfe
(
as
Tacitus
reporteh
)
was
not
knowne
to
the
Germaines
in
his
time
,
and
diuers
countries
haue
made
diuers
limitations
of
the
spring
,
and
therefore
if
it
bee
agreed
betwixt
Titius
and
Seius
that
the
beasts
of
Titius
shal
pasture
in
the
grounds
of
Seius
all
the
spring
time
,
the
time
shall
be
limited
according
to
the
dimension
of
the
spring-tide
in
that
countrey
where
the
bargaine
was
made
:
and
so
it
may
be
said
of
the
other
times
,
and
seasons
of
the
yeare
,
and
if
the
occupation
of
a
mans
ground
be
granted
to
Titius
,
Seius
,
Caius
,
and
Sempronius
,
so
that
Titius
shall
haue
the
occupation
of
the
land
in
the
spring
time
,
Seius
in
sommer
,
Caius
in
winter
,
Sempronius
in
haruest
,
if
the
interest
of
any
of
the
same
come
in
question
,
the
Iudge
had
need
be
well
aduised
of
the
certaintie
,
and
the
peculiar
difference
of
these
times
according
to
the
customarie
obseruation
of
the
countrey
in
which
the
grant
was
made
,
that
he
may
suum
cuique
tribuere
,
and
giue
no
erroneous
iudgement
.
Some
make
a
bipartite
diuision
of
the
yeare
into
winter
and
sommer
without
mentioning
the
spring
,
and
haruest
,
defining
the
sommer
to
begin
at
the
Equinoctiall
of
the
spring
,
and
to
end
at
the
Equinoctiall
of
haruest
:
[
q
](B13659-e93250-b)
q
Vlp.
in
l.
1.
§
aestat
.
de
ag.
co.
et
aest
.
so
that
sommer
and
winter
are
diuided
by
sixe
monethes
:
then
I
put
case
that
land
is
demised
to
one
to
haue
and
to
hold
during
the
space
of
the
whole
sommer
,
whether
may
the
lessee
put
in
his
beastes
in
the
spring
time
,
and
it
seemeth
that
the
spring
is
to
be
excluded
notwithstanding
the
diuision
aforesaid
,
for
the
sommer
being
named
aestus
ab
aestu
the
spring
can
haue
no
part
in
the
sommer
,
for
the
spring
is
meane
betwixt
heat
and
colde
,
and
therefore
the
said
diuision
seemeth
to
bee
vnproper
,
for
proprie
non
dicitur
quod
non
dicitur
secundùm
quod
sonat
;
[
r
](B13659-e93280-b)
r
Baldus
in
l.
vlt.
c.
de
haer.
instit
.
and
in
Swetia
&
other
nations
lying
vnder
the
Northerne
Poale
this
diuision
can
take
no
place
:
but
if
a
man
deuise
the
dwelling
of
his
house
euerie
sommer
to
Sempronius
,
there
it
may
seeme
that
the
spring
shal
not
bee
omitted
,
because
our
dwelling
is
diuided
into
the
sommer
&
winter
dwelling
:
but
if
a
man
deuise
his
ground
with
all
his
sommer
instruments
of
husbandrie
,
it
seemeth
that
the
spring
is
in
this
case
to
be
excluded
because
there
be
other
instruments
of
husbandrie
vsed
in
the
sommer
time
them
such
as
be
vsed
in
the
spring
,
winter
,
or
haruest
:
But
the
imperiall
lawes
doe
extend
sommer
from
the
Calendes
of
April
,
to
the
Calendes
of
October
:
the
residue
of
the
yeare
they
allot
to
winter
;
and
this
diuision
I
will
not
denie
to
be
grounded
vpon
good
reason
if
we
respect
the
yeare
in
generall
not
in
particular
;
for
in
the
spring
time
the
Sunne
mounting
to
the
toppe
of
one
of
the
lines
of
the
Equinoctial
circle
he
commeth
by
degrees
nearer
vnto
vs
and
so
maketh
summer
,
but
in
haruest
he
transcendeth
the
other
line
of
the
Aequator
and
so
being
farre
remoued
from
vs
causeth
winter
,
and
therefore
not
amisse
by
the
cause
of
heat
and
cold
,
are
the
times
of
heate
and
cold
distinguished
.
The
moneth
had
his
name
of
the
Moone
which
in
the
Greeke
tongue
is
called
Mene
:
and
the
reason
of
the
name
is
because
the
moneth
is
measured
by
the
circumuolution
of
the
Moone
,
as
Plato
,
[
s
](B13659-e93340-b)
s
Plat.
in
Cratil
.
Varro
,
Cicero
,
and
others
haue
expounded
it
.
Some
doe
assigne
to
the
[
u
](B13659-e93390-b)
u
Plut.
in
vit.
Caesar
.
neither
is
this
abhorrent
from
commen
vse
;
for
let
the
case
be
that
A.
promiseth
to
B.
that
hee
will
for
some
consideration
pay
vnto
B.
the
next
moneth
20.
li.
and
the
assumpsit
is
made
the
eyght
day
of
March
,
whether
may
A.
haue
the
space
of
the
whole
moneth
of
Aprill
to
pay
the
money
in
,
or
hee
must
needes
paye
it
before
the
eight
day
of
Aprill
next
ensuing
,
accompting
the
moneth
from
the
eight
daye
of
March
:
Surely
by
common
intendement
he
hath
the
whole
moneth
of
Aprill
to
pay
it
in
:
for
the
common
people
making
more
accompt
of
the
Calender
then
of
the
Calendes
doe
set
downe
for
a
moneth
as
they
find
in
the
calender
,
not
as
curious
wits
may
measure
by
the
calendes
or
by
like
proportion
.
[
x
](B13659-e93400-b)
x
L.
4.
§
Sti.
si
haered
.
de
statut
.
Et
stat.
August
.
lib.
1.
emend
.
c.
2.
The
name
of
day
in
Latine
dies
,
Varro
deriueth
a
deo
or
dio
,
both
which
tend
to
one
purpose
.
In
this
discourse
my
endeuour
is
rather
to
open
the
natures
then
the
names
of
things
.
The
day
is
thus
defined
by
Plato
in
his
booke
De
definitionibus
,
if
that
booke
be
his
:
Dies
est
ab
ortibus
ad
occasus
:
so
that
how
many
risings
&
settings
there
are
of
the
Sunne
,
so
many
dayes
he
maketh
.
Aristotle
more
exquisitly
,
Dies
est
motus
Solis
supra
nostrum
horizontem
.
[
a
](B13659-e93500-b)
a
Aristotle
Topic.
5.
Two
kinds
of
daies
are
most
in
vse
,
the
ciuill
day
and
the
naturall
day
:
the
ciuill
day
it
is
therefore
tearmed
because
diuers
cities
and
countries
made
great
diuersities
of
daies
,
to
which
they
did
allot
seuerall
compasse
of
time
.
The
Romains
did
deduce
the
day
from
midnight
to
midnight
[
u
](B13659-e93510-b)
u
Plinie
lib.
2.
c.
77.
next
following
,
placing
the
day
as
it
were
betwixt
two
nightes
,
as
in
the
beginning
of
the
world
night
was
before
the
day
,
and
night
followed
it
:
but
the
day
of
the
Vmbrians
was
from
midday
to
midday
:
of
the
Athenians
from
Sun
sett
to
Sunne-set
:
of
the
Babilonians
from
the
ryse
of
Sunne
,
to
Sunne
rysing
:
the
naturall
day
is
that
which
consisteth
of
24.
howers
being
the
space
wherein
the
Sunne
is
rowled
about
by
the
motion
of
the
whole
bodie
of
the
heauen
from
a
certaine
poynt
to
the
same
point
.
The
Astronomers
make
the
beginning
of
this
day
at
noone
day
or
midday
,
as
the
Vmbrians
;
because
to
all
inhabitants
of
nations
continuing
still
in
their
regions
the
sun
commeth
alwayes
at
that
time
to
their
Meridian
,
and
to
that
circle
which
is
caried
through
the
toppes
and
poales
of
the
heauen
:
and
euery
region
hath
his
meridian
of
one
sort
though
they
haue
diuers
meridians
in
number
&
in
particular
,
but
the
rising
&
falling
of
the
sunne
is
not
in
any
region
alway
of
one
sort
,
because
the
points
are
chaunged
,
and
we
see
the
sun
diuersly
to
rise
&
fall
:
so
that
the
Vmbrians
may
seeme
in
this
to
haue
done
rightly
,
the
Athenians
and
Babilonians
not
rightly
,
the
Romaines
most
rightely
,
who
haue
not
as
the
other
nations
contrary
to
the
order
of
nature
,
placed
the
night
in
the
middest
of
the
day
,
but
haue
made
the
night
as
the
two
extremes
of
the
day
,
&
therefore
haue
placed
part
of
the
night
in
the
beginning
of
the
day
,
and
part
in
the
end
:
of
which
consideration
our
law
may
seeme
to
haue
taken
regard
in
that
the
forepart
of
the
night
it
assigneth
to
the
day
going
before
,
&
the
later
part
to
the
day
following
,
which
may
euidently
appeare
by
the
inditements
of
burglary
:
[
b
](B13659-e93520-b)
b
Crompt
.
I.
P.
tit
.
indictamenta
in
sin
.
lib.
fol.
224.
but
the
reason
of
the
Romane
constitution
is
learnedly
deliuered
by
Plutarche
:
[
c
](B13659-e93540-b)
c
Plut.
in
quaest.
Roman
.
qu.
83.
at
midnight
(
saith
he
)
when
the
day
of
the
Romains
doth
begin
,
the
sunne
is
in
that
region
in
the
lowest
point
of
the
heauen
,
from
which
it
beginneth
to
tende
and
to
returne
to
vs
and
to
ascend
to
our
Hemispheare
:
wherefore
rightly
doth
the
day
beginne
then
when
the
sunne
that
is
the
cause
of
the
day
doth
moue
toward
vs
,
&
therefore
this
constitution
of
the
Romanes
must
needs
seeme
more
probable
then
that
of
the
Vmbrians
,
because
the
beginning
of
a
thing
is
rather
to
bee
referred
to
that
time
when
the
thing
groweth
to
existence
,
then
when
it
declineth
and
beginneth
to
leaue
his
existence
,
so
that
the
opinion
seemeth
to
be
good
,
11.
Elizab.
in
my
Lord
Dyer
his
reports
;
that
whereas
the
case
was
that
a
lease
was
made
to
one
of
land
the
eight
day
of
May
to
haue
&
to
hold
for
twentie
&
one
yeares
thence
next
after
ensuing
,
&
the
lessee
entred
the
eight
day
,
and
his
entrie
seemed
lawfull
,
and
that
he
did
not
enter
as
a
disseisor
,
for
by
the
word
(
thence
)
the
first
instance
of
the
day
in
which
the
demise
was
made
is
to
be
intended
,
and
not
the
next
day
ensuing
the
date
:
[
d
](B13659-e93580-b)
d
11.
Eliz.
2●6
.
Dyer
.
so
that
I
cannot
see
vpon
what
reason
in
the
accompting
of
the
sixe
monethes
according
to
the
statute
of
27.
H.
8.
of
enrolments
the
day
of
the
date
of
the
deede
of
bargaine
&
sale
shall
not
be
accompted
for
any
;
[
e
](B13659-e93590-b)
e
5.
Eliz.
2●●
.
Dyer
.
but
the
vulgar
and
common
sort
of
men
of
all
countries
doe
accompt
the
day
from
light
to
darkenesse
,
which
order
the
Canonistes
do
obserue
;
[
f
](B13659-e93600-b)
f
Comment.
ad
l.
Titius
§
Luci.
de
lib.
&
post
.
the
night
as
Plato
defineth
it
[
g
](B13659-e93620-b)
g
Plat.
in
lib.
de
definit
.
according
to
common
admittance
is
nothing
els
but
darkenesse
:
Euentide
is
immediately
after
Sunset
:
twilight
is
a
doubtful
time
equally
consisting
of
light
and
darknesse
,
which
is
alwaies
after
euentide
.
For
as
betwixt
knowledge
,
and
ignorance
there
bee
two
meanes
,
namely
doubting
,
and
opinion
,
so
betwixt
day
&
night
there
is
euentide
&
twilight
.
Ignorance
is
like
to
night
,
doubting
like
to
twilight
,
opinion
is
like
to
euentide
,
because
as
opinion
knoweth
after
a
sort
,
but
knoweth
not
truely
&
surely
,
because
it
is
not
grounded
vpon
certain
reason
:
so
euentide
is
after
a
sort
day
,
but
absolutely
&
fully
it
is
not
,
because
it
is
destitute
,
&
bereft
of
the
clere
light
of
the
sunne
:
knowledge
which
relyeth
vpon
the
sound
foundation
of
things
knowne
is
answerable
to
the
day
,
which
is
full
of
cleare
,
and
perfite
light
.
Now
as
opinion
is
more
like
to
ignorance
then
to
knowledge
;
so
euen-tide
is
more
like
to
night
,
whereupon
ensueth
that
twilight
must
needs
bee
more
like
vnto
night
:
but
now
suppose
that
a
paiment
of
money
is
assumed
to
be
made
within
the
compasse
of
such
a
day
,
whether
is
it
to
be
intended
of
the
Romaine
day
,
or
some
other
ciuill
day
,
or
the
natural
day
which
is
wholly
in
vse
amongst
the
Venetians
:
for
in
Venice
the
clocke
is
told
foure
and
twenty
times
for
the
day
:
and
it
is
meete
that
this
question
should
be
decyded
by
the
custome
of
each
countrie
.
Now
come
we
to
speake
of
howers
,
which
to
the
Romaines
were
not
in
vse
during
the
space
of
three
hundred
yeares
:
therefore
in
their
lawes
of
the
twelue
tables
,
times
are
otherwise
set
downe
,
namely
,
Sunne-rise
Noone
,
and
Sunsett
:
the
first
,
second
,
third
,
and
fourth
watch
,
plenum
forum
,
ful
market
,
boum
solutio
,
the
time
of
the
loosing
of
the
oxen
from
the
plough
,
accensa
lumina
,
candle
light
,
and
such
like
names
.
But
to
know
the
proper
vse
of
these
howers
that
are
fitte
to
bee
obserued
,
which
Paulus
the
Ciuilian
noteth
:
Cuiusque
diei
maior
pars
est
horarum
septem
primarum
diei
,
non
supremarum
:
he
meaneth
not
that
there
should
be
fourteene
howers
of
the
day
,
because
it
is
manifest
that
there
are
but
twelue
,
but
his
meaning
is
that
the
greatest
parte
of
the
day
is
spent
in
the
first
seuen
howers
,
if
you
accompt
from
the
first
hower
to
the
seuenth
inclusiuè
,
as
namelye
,
from
sixe
a
clocke
in
the
morning
to
twelue
a
clocke
:
for
then
there
will
remayne
to
the
other
parte
of
the
day
but
fiue
howers
;
And
the
former
parte
of
the
day
is
not
onely
the
better
for
the
number
of
howers
,
but
because
men
in
these
howers
are
more
apt
for
the
dispatch
of
their
busines
:
Wherefore
Nonius
[
h
](B13659-e93720-b)
h
Noni
.
lib
9.
de
compendiosa
doctrin
.
vpon
these
wordes
of
Virgill
:
Nunc
adeo
melior
quoniam
pars
acta
diei
est
commenteth
thus
.
Our
youth
is
the
best
part
of
our
age
,
and
so
Maro
wisely
calleth
the
first
part
of
the
day
the
better
part
,
as
being
the
youth
of
the
day
:
for
if
a
man
should
number
seauen
howers
from
a
eleuen
of
the
cloke
to
fiue
in
the
afternoone
;
yet
these
howers
will
not
be
so
conuenient
for
perfitting
of
busines
,
as
the
seauen
abouesaid
:
and
therfore
he
that
demaundeth
six
pence
for
trauayling
to
a
place
on
foote
from
eleuen
to
fiue
,
to
which
an
other
hath
gon
for
a
groat
from
six
to
twelue
,
is
not
altogether
vniust
,
because
in
the
afternoone
men
be
more
vnapt
and
more
vnable
to
trauaile
.
The
last
and
least
part
of
time
(
if
it
be
any
part
of
time
)
is
a
moment
,
which
may
better
be
imagined
then
described
,
for
it
is
as
swift
as
a
man
can
imagin
:
and
what
is
more
swift
then
imagination
?
It
hath
receyued
a
definition
somewhat
obscure
of
Plato
:
Momentum
est
quod
nullo
prorsus
in
tempore
est
[
i
](B13659-e93800-b)
i
Pla.
in
Parmen.
▪
It
is
taken
by
some
to
be
punctum
temporis
:
for
as
a
mathematicall
point
is
that
cuius
nulla
est
pars
,
so
a
moment
is
a
point
of
time
cuius
nulla
est
pars
:
yet
Pliny
seemeth
to
distinguish
more
rhetorically
then
truely
punctum
temporis
from
a
moment
when
he
saith
:
Quod
momentum
,
aut
immo
quod
temporis
punctum
,
aut
beneficio
sterile
,
aut
vacuum
laude
[
k
](B13659-e93870-b)
k
Plini
.
in
Panegyr
.
,
the
existence
of
a
moment
cannot
possibly
be
discerned
,
and
therfore
is
not
so
much
as
the
twinckling
of
an
eye
.
The
vse
of
a
moment
is
more
fit
for
the
operation
of
Law
,
then
for
the
act
of
a
man
:
for
the
Law
doth
operate
without
compasse
of
time
in
an
instant
,
but
man
neuer
;
for
euery
act
of
man
must
haue
space
longer
or
shorter
,
according
to
the
qualitie
of
the
work
:
But
the
nature
of
such
instants
or
moments
which
the
Law
doth
imagin
is
such
&
so
sodaine
,
vt
omnem
respuant
moram
,
as
in
the
Ciuill
Law
is
well
noted
[
l
](B13659-e93890-b)
l
l.
23.
§.
vlt.
D.
de
adult
.
:
And
the
reason
is
because
in
the
operation
of
Law
,
that
which
it
doth
imagin
to
be
done
,
is
dicto
citius
,
presently
,
and
without
delay
done
[
m
](B13659-e93910-b)
m
l.
in
suis
.
D.
de
lib.
et
post
.
:
and
therefore
it
is
commonly
said
,
it
is
done
ipso
iure
,
or
it
is
said
ipso
iure
,
or
ipso
facto
.
But
this
course
can
not
be
obserued
in
the
actions
of
men
,
who
can
not
doe
any
thing
without
space
of
time
,
because
their
act
is
alwayes
continuate
,
and
therefore
must
needes
be
done
continuo
tempore
.
And
whereas
the
act
of
man
is
mixt
with
the
act
of
Law
:
though
in
regard
of
the
same
thing
the
act
of
the
Law
be
momentary
,
yet
the
act
of
man
must
needes
beare
some
delay
.
Those
thinges
by
the
ciuill
Law
which
are
taken
from
enemies
,
doe
incontinent
become
his
who
doth
seise
and
take
them
[
n
](B13659-e93960-b)
n
l.
5.
§.
vlt.
de
acquir
.
re
.
●o
.
,
The
Law
doth
giue
them
vnto
him
presently
,
but
yet
there
must
be
a
time
to
take
them
,
that
the
Law
may
giue
them
.
And
so
if
when
a
Lease
is
made
to
A.
of
land
for
the
terme
of
the
life
of
B
,
and
A.
dieth
,
C.
entreth
into
the
land
,
and
inioyeth
it
,
as
an
occupant
;
the
Law
because
it
wil
not
haue
the
freehold
in
suspence
,
doth
imagin
that
it
was
presently
and
immediatly
in
C.
after
the
death
of
A
,
and
that
he
entred
presently
:
but
if
we
respect
this
entrie
as
the
act
of
man
,
we
must
needes
imagin
that
he
had
some
time
to
enter
into
the
land
,
and
by
his
entrie
,
which
is
an
act
consisting
of
motion
,
to
gaine
the
freehold
.
It
remaineth
now
according
to
our
purpose
,
that
after
this
discourse
of
the
partes
of
time
,
some
thing
should
be
spoken
of
the
differences
of
time
,
which
I
will
handle
verie
briefely
:
for
the
matters
precedent
haue
giuen
some
light
thereunto
,
and
they
are
not
of
themselues
verie
obscure
.
And
first
to
speak
of
the
time
which
we
cal
a
continuall
time
:
that
in
the
ciuill
Law
is
sometime
taken
for
as
much
as
(
during
a
mans
life
[
o
](B13659-e93990-b)
o
l.
1.
§.
pe.
de
off
.
pre.
vrb
.
l.
2.
C.
de
his
qui
latr
.
)
and
therfore
he
that
hath
purchased
land
for
his
life
,
is
tearmed
Perpetuarius
[
p
](B13659-e94010-b)
p
Alci
.
lib.
1.
parer
.
g.
c.
37.
:
and
in
the
common
Law
these
wordes
(
a
touts
iours
)
make
but
an
estate
for
life
[
q
](B13659-e94030-b)
q
Littlet
.
lib.
1.
cap.
1.
fo.
1.
,
yet
in
proper
sense
it
extendeth
vnto
the
last
mark
of
time
:
A
long
or
short
time
is
distinguished
either
by
the
measure
of
the
parts
of
time
abouesaid
,
or
by
the
measure
of
the
Law
,
which
is
the
discretion
of
the
Iudge
.
The
difference
which
is
made
of
auncient
time
and
of
late
time
in
the
ciuill
Law
,
is
rather
plain
than
ponderous
,
Vetus
accipietur
quod
non
est
nouum
[
r
](B13659-e94050-b)
r
In
l.
11.
de
triui
.
leg
.
:
And
therefore
the
law
of
the
twelue
Tables
they
call
their
auncient
Law
,
and
that
which
followeth
it
the
new
Law
[
s
](B13659-e94060-b)
s
l.
1.
l.
3.
D.
de
pet.
haered
.
.
But
in
this
sense
the
Law
of
Nations
should
be
the
auncient
Law
,
and
all
other
humane
Lawes
,
new
Lawes
,
but
auncient
by
the
interpretation
of
a
good
Ciuilian
is
that
,
cuius
initij
memoria
non
extat
[
t
](B13659-e94080-b)
t
l.
2.
in
prin.
de
ag.
plu.
ar.
c.
§.
idem
lab.
aut
si
in
agr
.
,
and
he
expoundeth
this
to
be
:
if
there
be
none
aliue
which
knoweth
when
it
had
his
beginning
:
Neither
hath
any
heard
of
the
beginning
of
the
thing
of
those
which
did
know
it
[
u
](B13659-e94090-b)
u
Idem
Lab.
aut
cum
quaeritur
eo
.
.
A
certaine
time
is
that
which
hath
a
certaine
beginning
and
ending
;
An
vncertaine
time
is
directly
contrary
:
Certaine
times
are
the
yeare
,
the
day
,
the
moneth
,
&c.
An
vncertaine
time
is
signifyed
by
these
wordes
;
before
,
after
,
in
times
past
,
some
time
,
about
such
a
time
,
&c.
But
there
be
diuers
sortes
of
vncertaine
times
:
First
,
either
that
which
is
altogether
vncertaine
,
as
when
such
a
ship
shall
come
out
of
Asia
:
for
we
know
not
whether
it
shall
at
any
time
come
from
thence
,
or
when
it
shall
come
.
Secondly
,
that
is
said
to
be
vncertain
,
which
though
it
be
vncertaine
whether
it
shall
be
or
no
:
yet
if
it
be
admitted
to
be
,
it
is
certaine
when
it
shall
be
:
as
if
I
graunt
vnto
one
the
Corne
that
shall
grow
in
such
a
ground
,
for
I
know
not
whether
it
shall
grow
or
no
:
Or
if
I
promise
to
be
a
godfather
to
that
child
which
shall
be
borne
of
Martha
,
within
three
daies
after
it
be
borne
,
for
I
know
not
whether
any
shall
be
borne
:
Or
if
I
promise
to
pay
such
a
summe
of
money
when
Titius
shall
be
of
full
age
:
here
it
is
well
knowne
when
Titius
shall
be
of
full
age
,
but
it
is
vncertaine
whether
he
shall
liue
till
he
come
to
full
age
.
3.
that
is
vncertaine
,
which
though
it
be
certaine
that
it
shall
be
,
yet
it
is
vncertaine
when
it
shall
be
;
as
the
howre
of
death
.
The
present
time
is
so
small
and
vnsensible
,
that
it
is
almost
of
no
continuance
,
and
it
is
but
the
conioyning
of
that
time
which
is
past
to
that
which
is
to
come
;
Time
past
is
that
which
wanteth
his
beginning
;
And
time
future
is
that
which
neuer
had
ending
.
A
conuenient
time
is
after
diuers
sorts
:
First
,
either
it
is
conuenient
for
some
,
and
not
for
all
;
as
when
some
causes
are
to
be
heard
,
and
not
other
some
:
Secondly
,
or
profitable
for
all
,
but
not
alwaies
;
as
the
Termes
whilest
there
are
no
dayes
of
vacation
,
dies
non
iuridici
:
Thirdly
,
or
it
is
profitable
for
all
,
and
alwaies
;
as
the
Assises
.
The
second
Chapter
.
That
by
the
Law
of
Nations
,
Emperors
,
Kinges
,
and
absolute
Monarches
,
haue
full
power
and
aucthoritie
to
seise
the
Landes
and
Goods
of
their
subiects
,
condemned
for
heinous
offences
.
IF
any
man
be
so
straitly
minded
,
that
he
thinketh
this
prerogatiue
to
be
too
large
and
ample
for
an
absolute
Monarche
:
let
him
think
there
withall
that
himselfe
is
so
base
minded
,
that
he
cannot
sufficiently
iudge
of
the
great
worth
and
demerit
of
so
high
an
estate
:
for
the
name
of
a
king
importeth
so
great
paines
and
charge
,
that
a
kingdome
seemeth
not
to
be
a
sufficient
or
counteruailable
recompence
:
For
Themistocles
his
choise
must
either
be
verie
reasonable
,
or
exceeding
desperate
,
when
he
accompted
it
better
to
sinke
into
his
graue
,
then
to
ascende
to
a
throan
:
Wherfore
not
doubting
of
the
great
charge
of
it
,
let
vs
examin
the
continuall
custome
of
Nations
in
the
executing
of
this
power
.
S.
Lewis
the
French
king
,
famous
in
that
nation
for
integritie
,
&
iustice
,
doubted
not
by
publike
iudgement
to
prescribe
the
farmes
,
lordships
,
and
landes
of
Peter
the
Earle
of
Dreux
:
And
so
were
the
goods
and
possessions
of
Charles
Duke
of
Burbon
seised
and
forfeited
[
c
](B13659-e94260-b)
c
Bodi
.
lib.
5.
de
repub.
c.
3.
.
And
they
haue
a
Law
in
Scotland
,
that
the
goodes
of
persons
condemned
shall
go
wholie
to
the
Eschequer
without
any
deduction
or
reprisall
to
wife
,
creditor
,
or
children
.
The
Romanes
did
allot
their
fines
,
penalties
,
and
forfaitures
to
the
sacrifice
,
and
seruice
of
their
Goddes
,
and
therefore
they
were
called
Sacramenta
[
d
](B13659-e94300-b)
d
Festus
in
verb.
sacrament
.
.
But
the
Athenians
did
giue
onely
the
tenth
part
of
the
goodes
that
were
forfeited
to
religious
vses
:
as
may
appeare
by
the
record
of
the
condemnation
of
Archiptolemus
and
Antiphon
,
which
runneth
in
these
tearmes
,
Archiptolemus
&
Antiphon
vndecim-uiris
capitalibus
ad
extremum
supplicium
traditi
:
bona
eorum
publicata
,
decima
Mineruae
data
,
domus
eorum
solo
aequatae
:
And
although
Iustinian
the
Emperour
did
vpon
some
scrupulous
conceit
abrogate
the
Law
of
giuing
the
goods
of
condemned
persons
to
the
publike
treasury
,
and
did
therefore
establish
a
Law
,
that
they
should
remaine
to
their
children
[
f
](B13659-e94360-b)
f
Authent
.
bona
damnato
.
de
bonis
d●mnator
.
C.
.
Yet
diuers
held
this
Law
to
be
new
,
&
different
from
the
course
of
auncient
Law-makers
:
for
euen
in
the
most
auncient
times
in
case
of
high
Treason
in
all
common
weales
of
the
world
,
such
forfeitures
haue
been
admitted
:
for
it
was
thought
that
the
goodes
of
such
persons
condemned
,
were
either
by
fraude
,
violence
,
or
other
corrupt
courses
wrested
from
the
common
weale
:
and
therefore
were
to
be
restored
to
it
againe
:
or
els
because
such
persons
hauing
offended
against
the
common
weale
should
satisfy
it
that
way
:
&
therfore
were
such
goodes
conueyed
away
by
Law
from
wife
and
children
,
because
for
the
most
part
they
were
vniustly
heaped
together
for
the
aduancement
of
wife
and
children
.
But
such
prerogatiues
haue
been
in
auncient
time
so
firmely
annexed
to
the
Septer
and
estate
roiall
,
that
by
the
ciuill
Law
such
things
which
are
properly
called
iura
maiestatis
,
by
the
common
Law
iura
regalia
,
cannot
be
seuered
from
the
regall
dignity
,
&
therfore
Baldus
calleth
them
ᵍ
sacra
sacrorum
,
and
Cynus
,
indiuidua
ʰ
,
the
inseparable
incidents
of
a
kingdom
:
And
by
the
ciuil
Law
such
things
can
not
be
seuered
from
the
princely
Diadem
,
neither
can
any
man
prescribe
in
them
[
i
](B13659-e94460-b)
i
Bald.
con.
174.
lib.
3.
et
con.
193.
eo
.
.
And
so
it
is
said
in
our
Law
,
that
where
the
King
hath
any
commoditie
in
the
right
of
his
Crowne
;
as
if
he
haue
a
Mine
conteining
in
it
gold
or
siluer
,
by
the
graunt
of
the
land
in
which
it
is
conteined
,
the
Mine
doth
not
passe
,
because
he
hath
that
by
his
prerogatiue
royall
,
and
they
be
two
seuerall
thinges
and
of
diuers
degrees
[
k
](B13659-e94470-b)
k
10.
Elizab.
Com.
Informacion
pur
Mines
310.
per
Wray
.
.
And
whereas
the
Priorie
of
Wenlocke
was
one
of
the
auncient
Priories
which
were
of
the
foundation
of
the
Crowne
,
and
the
King
graunted
the
said
Priorie
in
ample
words
:
yet
the
King
onely
did
medle
with
the
Mines
of
gold
and
siluer
that
were
in
it
[
l
](B13659-e94500-b)
l
Fitz.
Na.
br.
Corrod
.
232.
:
And
by
the
graunt
omnium
&
singularum
Minerarum
,
these
Mines
shall
not
passe
[
m
](B13659-e94520-b)
m
Com.
Inf.
pur
Mines
ib.
.
And
though
the
king
graunt
to
one
the
retourne
of
all
maner
of
writtes
,
yet
he
shall
not
haue
the
retourne
of
the
summons
of
the
Eschequer
,
because
that
toucheth
the
Crowne
,
and
is
not
betwixt
partie
and
partie
[
n
](B13659-e94530-b)
n
22.
E.
3.
lib.
Assis
.
pla.
49.
.
Neither
by
the
Law
of
England
can
any
man
prescribe
in
such
thinges
:
For
it
is
said
1.
H.
7.
that
no
fraunchise
may
prescribe
to
hold
plea
of
Treason
;
and
whether
the
king
may
graunt
any
such
libertie
or
no
,
the
Iustices
were
in
great
doubt
[
o
](B13659-e94540-b)
o
1.
H.
7.
23.
.
But
46.
E.
3.
it
was
held
by
Kniuet
Iustice
,
that
a
man
might
claime
a
fraunchise
of
Infangtheefe
,
and
Outfangtheefe
,
and
waife
and
straye
by
prescription
;
but
he
cannot
haue
the
chattels
of
Fugitiues
or
Felons
,
vnlesse
it
be
by
especiall
graunt
,
because
that
it
belongeth
vnto
the
King
as
to
his
Crowne
,
and
therefore
can
not
passe
from
him
,
but
by
speciall
graunt
:
[
p
](B13659-e94580-b)
p
46.
E.
3.
16.
and
21.
H.
6.
this
diuersitie
is
taken
:
such
thinges
as
accrue
to
the
king
by
matter
of
recorde
,
as
the
fines
,
issues
,
and
amerciamentes
of
courtes
doe
not
lie
in
prescription
:
but
in
such
things
as
belong
to
the
crowne
,
&
the
title
of
them
doth
not
grow
by
matter
of
record
,
as
waife
,
stray
,
wrecke
of
the
sea
,
treasure
founde
,
and
the
like
a
man
may
praescribe
in
,
[
q
](B13659-e94590-b)
q
21.
H.
6.
praescript
.
44.
but
as
these
are
speciall
prerogatiues
which
are
graunted
to
a
prince
so
they
are
graunted
for
speciall
causes
:
by
which
princes
must
bee
directed
not
by
their
owne
voluntary
conceits
or
vnsatiable
desires
,
least
it
happen
that
magna
imperia
,
be
magna
latrocinia
:
for
good
gouernours
will
not
imitate
the
lewd
monarches
of
nations
,
as
Caligula
,
Nero
,
Caracalla
,
Carinus
,
Romaine
Emperours
,
nor
Seleucus
,
nor
Alexander
the
great
,
or
rather
the
proud
,
which
did
claime
a
generall
and
absolute
power
indefinite
&
illimitate
ouer
all
men
,
ouer
all
things
,
without
difference
or
exception
:
which
did
thinke
that
they
might
giue
lawes
to
others
and
not
to
bee
bound
by
any
;
which
pretended
that
there
was
but
one
law
for
all
common
weales
,
and
that
was
to
obey
euerie
thing
which
the
king
commaunded
,
and
that
that
was
iust
in
regard
of
the
subiectes
which
was
profitable
to
their
ruler
,
like
to
that
prince
of
pirats
and
robbers
in
Heliodorus
,
[
r
](B13659-e94660-b)
r
Heliod.
lib.
1.
Aethiop
.
histor.
Si
imperij
lege
vtendum
fuisset
,
prorsus
mihi
velle
suffecisset
:
Like
to
that
saying
of
Iulius
Caesar
the
vsurper
.
Sylla
literas
nescijt
qui
dictaturam
deposuit
:
mecum
homines
consideratius
loqui
debent
,
ac
pro
legibus
habere
quae
dico
:
[
s
](B13659-e94700-b)
s
Sueton
in
Caesar
.
like
to
that
of
Iulianus
though
spiced
with
some
sprinkle
of
mildnesse
:
Polliceor
absque
omni
praerogatiua
principum
,
qui
quod
dixerint
,
vel
sensuerint
pro
potestate
authoritatis
iustum
esse
existimant
:
[
t
](B13659-e94730-b)
t
Ammian
Marcell
.
lib.
23.
or
like
to
that
sinister
clause
of
the
Popes
insolent
vanitie
(
de
plenitudine
potestatis
,
)
the
last
of
which
wordes
Baldus
playing
withall
,
putteth
in
steade
of
it
tempestatis
:
[
u
](B13659-e94770-b)
u
Alciat
.
reg.
3.
praes.
8.
et
ad
L.
2.
C.
de
in
ius
voc.
yet
I
will
easilie
graunt
,
that
if
any
prince
doe
by
sword
and
conquest
subdue
any
countrie
;
as
the
whole
countrey
is
gained
and
possessed
by
this
exploit
:
so
all
the
landes
and
goods
of
euery
inhabitant
in
that
countrey
are
his
,
vntill
hee
did
giue
them
or
restore
them
vnto
the
former
owners
:
As
by
the
lawe
of
this
realme
of
England
,
if
a
man
be
attainted
of
felonie
,
and
the
Queene
pardoneth
him
all
fellonies
,
and
executions
,
and
doth
likewise
pardon
and
release
all
forfeitures
of
lands
and
tenements
,
and
of
goods
and
chattels
,
this
pardon
and
this
release
cannot
serue
but
onely
for
the
life
of
the
partie
,
if
the
office
be
found
,
for
then
the
land
is
the
Queenes
by
matter
of
recorde
,
and
therefore
there
must
bee
expresse
wordes
of
restitution
:
and
as
to
the
goodes
,
the
Queene
is
entituled
to
them
without
office
:
[
x
](B13659-e94790-b)
x
29.
H.
8.
Br.
chart
.
de
pard
.
52.
so
if
it
be
found
by
office
that
I.
N.
the
Queenes
tenant
was
seised
of
certayne
landes
,
and
dyed
seysed
,
and
that
W.
his
heyre
intruded
,
and
after
by
acte
of
parliament
the
Queene
pardoneth
all
intrusions
,
in
this
case
the
entrie
and
offence
are
pardoned
and
released
,
but
not
the
issues
,
and
profits
:
for
the
Queene
was
before
entitled
by
matter
of
recorde
[
a
](B13659-e94800-b)
a
33.
H.
8.
Br.
charters
de
par.
71.
intrusi
.
21.
Issues
ret.
22.
for
when
any
thing
commeth
to
princely
possession
which
did
before
belong
to
any
inferior
person
,
it
cannot
bee
restored
to
him
without
actuall
donation
.
And
Xenophon
sayeth
,
that
it
hath
beene
a
perpetuall
lawe
amongest
all
men
,
that
all
thinges
taken
by
warre
,
whether
they
bee
money
,
goods
,
or
men
,
doe
belong
to
them
which
tooke
them
:
[
b
](B13659-e94820-b)
b
Xenoph.
lib.
7.
Cyropae
.
and
Thucydides
affirmeth
the
same
to
bee
a
common
lawe
to
all
nations
:
[
c
](B13659-e94840-b)
c
Thucyd.
l.
3
howbeit
the
Romanes
rather
by
mercy
then
rigor
of
lawe
were
onely
content
with
the
tenth
parte
of
the
goods
,
and
did
remitte
the
residue
to
the
conquered
persons
.
[
d
](B13659-e94850-b)
d
Appian
.
lib.
de
bel
.
ciuil
.
2.
And
it
hath
alwaies
beene
accompted
the
propertie
of
barbarous
nations
to
haue
no
lawe
written
nor
ratified
by
common
consent
,
neither
touching
these
rights
nor
prerogatiues
,
nor
other
matters
,
but
onely
the
voluntarie
conceite
of
the
monarch
,
as
Liuie
hath
iudiciously
obserued
:
[
e
](B13659-e94870-b)
e
Liui.
lib.
37.
But
Aristotle
maketh
one
exception
from
the
rule
,
and
that
is
of
the
Spartan
Kings
,
whome
hee
affirmeth
to
haue
directed
their
actions
by
prescript
of
lawe
:
and
Diodorus
[
g
](B13659-e94920-b)
g
Diodor.
Sicul
.
lib.
2.
and
the
Romanes
did
after
refine
themselues
as
appeareth
by
Plinie
speaking
to
Traian
;
Te
legibus
subiecisti
,
legibus
Caesar
,
quas
nemo
principi
scripsit
:
And
presently
after
he
saith
,
Quod
ego
nunc
primum
audio
,
nunc
primum
dico
:
non
est
princeps
supra
leges
,
sed
leges
supra
principem
.
[
h
](B13659-e94960-b)
h
Plin.
in
Panegyr
.
But
to
open
and
declare
further
the
soueraigne
and
ample
authoritie
of
monarches
ouer
the
lands
and
goodes
of
their
subiects
,
though
it
haue
beene
in
auncient
times
held
and
affirmed
by
the
ciuill
law
,
that
such
thinges
as
are
parcell
of
the
law
of
nations
could
not
be
taken
away
by
the
prince
from
his
subiectes
:
and
therefore
they
might
not
be
depriued
of
their
demesnes
or
inheritance
of
lands
,
or
of
the
property
of
their
goods
and
chattels
which
they
enioy
by
the
law
of
nations
:
[
i
](B13659-e94970-b)
i
§
Sed
natural
.
instit
.
de
iu.
na.
as
I
haue
sufficiently
shewed
in
my
Direction
to
the
study
of
the
Law
,
Cap.
7.
&
8.
but
onely
of
such
thinges
as
belong
to
them
by
the
Ciuill
law
:
yet
by
the
opinion
of
the
later
Ciuilians
this
is
helde
to
bee
no
law
,
but
that
the
Princes
haue
for
speciall
causes
free
disposall
of
their
landes
and
goods
as
Decius
fully
proueth
[
k
](B13659-e94990-b)
k
Deci.
Cons.
209.
in
casu
2.
69.
consultus
.
390.
quoniam
519.
visis
.
557.
accurate
.
,
and
this
later
opinion
seemeth
to
bee
more
reasonable
,
and
more
consonant
to
the
truth
:
for
first
though
the
distinction
of
demesnes
and
the
propertie
of
goods
be
parcel
of
the
law
of
nations
,
yet
the
meanes
wherby
they
are
acquired
are
prescribed
by
the
ciuill
and
common
lawe
:
so
that
they
are
not
altogether
parcell
of
the
law
of
nations
:
[
l
](B13659-e95000-b)
l
Bal.
&
●a
.
in
l.
omnes
.
C.
Si
con.
ius
vel
vtilitat
.
pub
.
Againe
the
right
of
demesne
and
property
is
not
alike
in
all
nations
,
[
m
](B13659-e95010-b)
m
Herodot
.
li.
4.
Strab.
lib.
11.
Arist.
lib.
2.
polit.
Tacit.
de
mor.
Germa
.
Caes
.
lib.
4.
&
6.
de
bel
.
Gal.
but
is
moderated
,
and
ordered
by
the
lawes
of
particular
common
weales
;
But
suppose
that
the
king
wil
take
away
from
any
of
his
subiectes
the
right
and
power
of
vsing
and
pursuing
an
action
for
the
recouery
of
their
lands
,
goods
,
chattels
,
or
dammages
:
Surely
this
is
permitted
by
no
law
,
but
by
the
ciuill
[
n
](B13659-e95020-b)
n
l.
2.
C.
de
prec
.
imp.
off
.
and
common
law
expressely
prohibited
:
for
the
king
cannot
grant
to
any
person
that
he
shal
not
be
impleaded
or
sued
,
in
this
or
that
action
:
&
though
his
highnesse
may
graunt
that
I.
S.
for
trespasses
or
any
thing
done
wrongfully
in
his
mannor
of
Dale
shal
hold
conisance
of
pleas
within
the
same
mannor
,
yet
in
this
case
he
doth
not
take
away
the
action
of
the
partie
,
but
doth
onely
restreine
him
to
bring
his
action
in
a
certain
place
:
[
o
](B13659-e95030-b)
o
8.
H.
6.
19.
But
here
it
may
be
obiected
that
a
king
or
absolute
monarch
may
[
q
](B13659-e95050-b)
q
l.
placet
.
79.
D.
de
acquir
.
haere
.
l.
acquirit
.
10.
D.
de
acquir
.
re
.
do
.
therefore
the
king
may
take
away
&c.
To
this
reason
grounded
vpon
the
ciuill
lawe
,
I
do
thus
answere
,
that
by
the
law
of
nations
kinges
haue
not
such
an
indefinite
power
ouer
their
subiects
as
fathers
by
the
ciuill
law
haue
ouer
their
children
:
for
by
the
law
of
nations
kinges
were
chosen
and
ordeined
at
the
first
for
the
safegard
and
protection
of
the
lands
goods
&
persons
of
their
subiects
,
so
that
they
may
not
without
cause
bereaue
them
of
their
goods
,
and
therefore
there
is
a
good
rule
in
the
ciuill
law
that
in
priuatorum
agris
,
nihil
ne
publico
quidem
consilio
cum
ipsorum
iniuria
capi
ius
est
.
[
r
](B13659-e95070-b)
r
l.
Venditor
.
13.
D.
de
com
.
praed.
And
to
that
purpose
Cicero
speaketh
well
:
Videndum
erit
ei
qui
rempub
.
administrabit
,
vt
suum
quisque
teneat
,
neque
de
bonis
priuatorum
publice
diminutio
fiat
:
and
for
this
cause
God
did
appoint
a
certain
portion
of
land
to
euery
tribe
of
the
Israelites
:
[
s
](B13659-e95100-b)
s
Deutero.
17
and
by
reason
of
a
priuate
title
Naboth
would
not
sell
,
or
chaunge
his
vineyard
with
Achab
[
t
](B13659-e95130-b)
t
1.
Reg.
21.
and
in
the
inauguration
of
the
king
of
Hungarie
this
was
exacted
of
him
by
oath
:
vt
iura
regni
integra
conseruaret
:
[
u
](B13659-e95160-b)
u
C.
in
tellect
.
33.
ex
tr
.
de
iureiuran
.
And
in
the
ciuill
law
it
is
said
,
Qui
pleno
iure
Dominus
est
,
alienandi
,
dissipandi
disperdendi
,
ius
habet
:
[
a
](B13659-e95180-b)
a
l.
7.
cod
.
de
relig.
l.
sed
etsi
l.
25.
§.
consuluit
D.
de
hae●ed
.
petit
.
And
againe
,
suae
quisque
rei
arbiter
,
ac
moderator
est
.
[
b
](B13659-e95200-b)
b
l.
in
remandat
.
21.
C.
de
mand
.
So
that
it
is
euident
that
without
cause
,
the
propertie
which
subiectes
haue
in
goodes
and
landes
may
not
bee
altered
by
their
prince
.
And
therefore
wittily
sayeth
D.
Gentilis
,
that
they
which
argue
to
the
contrarie
do
not
dispute
,
or
drawe
their
arguments
ex
castis
fontibus
Philosophiae
,
aut
ex
ipsis
iurisprudentiae
riuis
,
sed
escholis
sophistarum
:
hallucinati
sunt
Theologi
,
adulati
sunt
iurisconsulti
,
qui
omnia
principibus
licere
asceuerarunt
:
[
c
](B13659-e95230-b)
c
Alberic
.
Gentil
.
Dec.
1.
disput.
2.
disput.
I
would
not
be
mistaken
in
this
Chapter
,
sithence
I
hold
an
indifferent
course
betwixt
prince
and
people
:
neither
consenting
to
them
which
say
,
that
princes
may
seise
the
lands
and
goods
of
their
subiects
without
cause
,
nor
to
them
which
thinke
that
they
may
not
seyse
their
lands
and
goods
for
any
cause
:
but
my
resolution
is
,
and
the
summe
of
this
discourse
is
,
if
it
bee
diligently
and
impartially
obserued
,
that
princes
may
lawfully
claime
,
and
take
to
their
owne
vse
the
lands
and
goods
of
their
subiects
for
the
causes
abouesaid
,
and
prescribed
by
lawe
,
and
not
otherwise
:
and
by
this
word
(
Princes
)
I
meane
none
but
absolute
Monarches
:
for
the
law
of
nations
alloweth
this
prerogatiue
to
none
other
.
And
therfore
I
do
greatly
like
of
that
saying
of
Hipocrates
vrged
in
the
ciuill
law
:
Lex
est
rerum
omnium
domina
,
quia
scilicet
&
ciuitatis
cuiusque
&
ciuium
singulorum
patrimonium
constituit
,
definit
,
tuetur
:
Lex
sola
dominium
rerum
confert
:
sola
dominij
acquirendi
modos
constituit
,
citra
quos
acquiri
nullius
rei
dominium
potest
.
[
f
](B13659-e95260-b)
f
§.
2.
de
bon.
posses
.
&
apud
Vlpi
eo
.
tit.
reg.
19.
This
foundation
being
laid
,
I
hope
my
assertion
may
firmely
stande
that
the
law
of
England
in
giuing
to
the
Queene
the
lands
and
goods
of
subiects
for
some
peculiar
causes
is
iust
and
reasonable
:
as
when
a
true
man
is
pursued
as
a
felon
,
and
he
flieth
,
and
waiueth
his
owne
goods
,
these
are
forfeited
as
if
they
had
beene
goods
stolne
.
[
g
](B13659-e95280-b)
g
29.
E.
3.
29.
37.
H.
8.
Br.
Estray
.
9.
Stam.
fol.
186.
a.
And
so
if
a
man
be
outlawed
of
felony
or
treason
,
he
shall
forfeyt
all
the
landes
&
tenements
which
he
had
at
the
time
of
the
felony
or
treason
committed
,
or
at
any
time
after
,
as
well
as
if
he
had
beene
attainted
by
verdict
:
[
h
](B13659-e95290-b)
h
28.
H.
6.
5.
howsoeuer
M.
Parkins
holdeth
opinion
that
attaynder
by
outlawrie
shall
haue
relation
to
the
exigent
,
as
to
the
landes
and
tenements
:
so
that
a
feoffement
of
land
,
or
a
graunt
of
rent
made
before
the
exigent
awarded
by
him
that
is
attainted
in
such
manner
is
good
in
his
conceit
:
but
he
saith
that
as
to
an
attainder
by
verdict
,
that
it
shal
haue
relation
to
the
time
of
the
felony
done
,
according
to
the
supposall
of
the
inditement
,
as
to
lands
and
tenementes
:
and
so
it
is
of
an
attainder
by
confession
:
[
i
](B13659-e95310-b)
i
Parkins
Graunts
.
6.
But
M.
Stamford
being
better
aduised
saith
,
that
as
soone
as
any
of
the
offences
aforesaid
are
committed
,
hee
is
restrained
to
make
a
gift
or
any
other
alienation
of
his
lande
:
and
if
he
doe
,
it
shall
presently
bee
made
void
by
his
attainder
,
and
it
is
not
materiall
whether
the
attainder
be
by
outlawrie
or
verdict
,
and
this
is
agreeable
to
the
booke
of
38.
E.
3.
fol.
37.
[
k
](B13659-e95330-b)
k
Stamford
fol.
lib.
3.
31.
●
.
but
he
saith
that
the
forfeiture
of
the
goods
by
attainder
by
outlawrie
shall
haue
relation
to
the
exigent
,
and
forfeiture
by
attainder
by
verdict
shall
haue
relation
to
the
verdict
.
[
l
](B13659-e95340-b)
l
Stamford
.
192.
The
third
Chapter
.
That
the
worthinesse
of
blood
hath
beene
principally
respected
of
all
nations
.
THe
diuision
of
inheritances
in
stirpes
,
&
in
capita
,
hath
made
great
diuision
in
diuerse
common
weales
,
yet
in
all
of
them
the
worthinesse
of
bloud
hath
beene
regarded
:
By
the
Romane
law
the
sonne
of
the
elder
sonne
who
is
dead
shall
equally
succeede
in
the
inheritance
with
the
second
sonne
.
And
whereas
in
Germanie
there
was
a
contention
betwixt
the
vncles
and
nephewes
of
the
right
of
inheritances
,
and
for
the
deciding
of
it
,
the
Emperour
Otto
the
first
,
did
cause
a
Parliament
or
generall
assemblie
of
estates
to
be
held
for
the
disceptation
,
and
deciding
of
this
doubt
:
When
after
much
busines
and
argument
,
no
determination
could
be
had
,
the
matter
was
ordeined
to
be
tried
by
single
combate
,
an
vsuall
thing
in
these
daies
(
for
it
was
about
the
yeare
of
the
incarnation
of
our
Sauiour
nine
hundred
fortie
and
two
[
a
](B13659-e95410-b)
a
Witichindus
lib.
2.
histor.
2.
Sigebert
in
chronic
.
Ottonis
1.
)
and
a
formall
triall
referred
to
God
,
when
mans
wit
was
at
a
nonplus
:
But
in
this
case
,
that
part
ouercame
which
did
accompt
the
sonnes
of
elder
sonnes
as
sonnes
;
and
therefore
it
was
ratified
by
Law
,
that
they
should
equally
diuide
the
inheritance
with
their
vncles
.
Amongest
other
nations
diuers
contentions
haue
risen
about
this
matter
:
for
when
Eunomus
the
King
of
the
Lacedemonians
had
two
sonnes
,
Polydectes
the
elder
,
and
Lycurgus
the
yonger
,
and
Polydectes
deceased
leauing
no
sonne
lyuing
at
the
time
of
his
death
,
and
therefore
Eunomus
being
dead
,
the
septer
of
that
kingdome
came
to
the
handes
of
Lycurgus
:
afterward
when
Polydectes
his
widow
had
brought
forth
a
sonne
,
Lycurgus
did
willingly
,
and
readilie
yeeld
to
him
the
septer
[
b
](B13659-e95520-b)
b
Plut.
in
vit.
Lycurg
.
Iustin
.
lib.
hist.
3.
:
Which
act
of
Lycurgus
agreeth
fully
with
our
Law
,
whereby
it
is
ruled
,
that
if
a
man
haue
a
sonne
,
and
a
daughter
,
and
the
sonne
purchaseth
land
,
and
dyeth
,
and
the
daughter
entreth
,
and
after
the
father
begetteth
an
other
sonne
of
the
same
wife
,
this
sonne
shall
haue
the
land
[
c
](B13659-e95540-b)
c
19.
H.
6.
6.
.
So
if
a
man
enfeoffe
an
other
vpon
condition
,
and
the
condition
is
broken
,
and
the
feoffor
dyeth
without
issue
his
wife
priuement
enseint
,
and
the
brother
of
the
feoffor
entreth
for
the
condition
broken
,
and
after
a
sonne
is
borne
,
he
shall
auoide
the
possession
of
his
vncle
,
&
may
lawfully
claime
the
inheritance
[
d
](B13659-e95560-b)
d
9.
H.
7.
25.
.
And
it
is
likewise
said
,
that
after
two
,
or
more
discents
,
the
heire
afterward
borne
claiming
by
discent
may
enter
into
the
land
;
but
he
shall
not
haue
a
writ
of
Accompt
for
the
mesne
profites
,
nor
any
writ
of
Wast
[
e
](B13659-e95570-b)
e
9.
H.
6.
23.
.
But
in
cases
of
purchase
the
Law
taketh
a
difference
,
and
therfore
it
is
said
5.
E.
4.
by
Billing
,
that
if
a
man
deuise
land
to
a
man
,
and
his
heire
,
and
the
deuisee
dieth
hauing
issue
a
daughter
,
his
wife
being
priuement
enseint
with
a
sonne
,
who
is
afterward
borne
,
the
daughter
shal
reteine
the
land
in
perpetuum
,
which
the
Court
graunted
[
f
](B13659-e95610-b)
f
5.
E.
4.
6.
.
And
9.
H.
6.
it
is
said
,
that
if
a
remainder
cannot
veste
in
any
at
the
time
when
it
falleth
,
it
shall
not
veste
in
him
that
is
borne
afterward
,
where
an
other
hath
entred
before
[
g
](B13659-e95620-b)
g
9.
H.
6.
23.
2.
Eliz.
190.
pla.
18.
.
But
to
retourne
to
the
examination
of
this
matter
by
historie
,
Pausanias
reporteth
that
Cleomenes
the
king
of
the
Lacedaemonians
being
dead
,
a
controuersie
sprung
betwixt
Areus
the
sonne
of
Acoratus
the
eldest
sonne
of
Cleomenes
,
who
died
before
his
father
,
and
Cleonymus
the
second
sonne
,
the
vncle
of
Areus
,
but
by
Senate-decree
the
kingdome
was
adiudged
to
Areus
[
h
](B13659-e95730-b)
h
Pausan
.
lib.
3.
.
And
Polydore
Virgill
reporteth
that
king
Edward
the
third
being
deceased
,
Richard
the
second
,
the
sonne
of
his
eldest
sonne
obteined
the
kingdome
,
and
was
preferred
before
Iohn
,
Edmund
,
and
Thomas
,
the
sonnes
of
king
Edward
[
i
](B13659-e95800-b)
i
Polyd.
virg.
in
hist.
reg.
Angl.
.
Paulus
Aemilius
an
excellent
writer
of
the
matters
of
Fraunce
likewise
telleth
,
that
when
Hanno
had
inuaded
the
kingdome
,
and
expulsed
Erkenbalde
the
sonne
of
his
elder
brother
,
this
matter
was
brought
into
question
:
in
the
ende
Hanno
was
constrayned
to
laie
aside
armes
,
and
to
stande
to
the
iudgement
of
the
Peeres
,
who
adiudged
that
Erkenbalde
should
haue
the
same
power
and
interest
in
the
kingdome
,
which
his
father
might
haue
had
if
he
had
suruiued
[
k
](B13659-e95870-b)
k
Paul
.
Aemil.
in
tit
.
Carol.
Crass
.
.
Neither
will
I
denie
that
examples
may
be
produced
on
the
contrarie
part
:
as
namelie
the
contention
betwixt
Artemenes
and
Xerxes
for
the
kingdome
of
Persia
:
for
it
is
deliuered
by
Herodotus
[
l
](B13659-e95920-b)
l
Herodot
.
lib.
7.
,
Iustin
[
m
](B13659-e95940-b)
m
Iustinus
lib.
11.
,
Plutarch
[
n
](B13659-e95960-b)
n
Plut.
in
Artaxerx
.
,
that
a
controuersie
beeing
raysed
in
the
kingdome
of
Persia
betwixt
Artabazanes
(
as
Herodotus
)
Artemenes
,
as
(
Iustinus
calleth
him
)
and
Xerxes
the
sonnes
of
Darius
Hystaspes
about
the
succession
in
the
Monarchie
of
Persia
,
Demaratus
was
at
the
same
time
there
,
who
was
driuen
and
expulsed
out
of
the
kingdome
of
Sparta
,
and
he
signified
vnto
them
,
that
the
Law
and
custome
of
the
Spartanes
was
,
that
the
sonne
that
was
borne
after
the
father
had
attained
to
the
kingdome
,
was
to
be
preferred
before
the
elder
brother
who
was
borne
before
;
for
which
cause
the
kingdome
was
adiudged
to
Xerxes
the
yonger
sonne
,
who
was
borne
of
Darius
being
king
,
whereas
the
other
was
begotten
of
him
being
a
priuate
man
:
But
this
iudgement
was
after
reuersed
;
For
when
after
the
death
of
Darius
,
the
same
controuersie
was
handled
betwixt
Arsica
begotten
of
Darius
being
a
priuate
man
,
and
Cyrus
being
borne
of
him
after
his
aduauncement
to
the
kingdome
,
and
Parysatis
the
mother
did
in
the
behalf
of
Cyrus
vrge
and
reuiue
the
controuersie
betwixt
Xerxes
,
and
his
brother
,
the
Persians
notwithstanding
the
former
iudgement
,
did
now
adiudge
the
kingdome
to
Arsica
[
o
](B13659-e96170-b)
o
Plut.
in
vit.
Artaxerx
.
.
Neither
am
I
moued
though
in
the
contention
for
the
Dukedome
of
Millayne
,
betwixt
Lodwike
and
Galeatius
bretheren
,
whereof
the
one
was
borne
before
his
father
obteined
the
Dukedome
,
the
other
after
,
the
contrarie
were
determined
for
Law
[
p
](B13659-e96210-b)
p
Guicciard
.
lib.
1.
histor.
:
For
by
the
most
examples
of
euery
common
weale
,
and
by
the
continuall
practise
of
nations
most
ciuill
(
which
onely
course
I
obserue
in
this
discourse
)
the
right
of
Primogeniture
,
or
elder-brothership
is
fenced
,
supported
,
and
defended
against
this
last
decree
of
the
Millanasses
,
and
that
first
of
the
Persians
:
For
Herod
the
king
of
the
Iewes
,
did
preferre
in
the
succession
of
his
kingdome
Antipater
,
who
was
borne
before
he
was
king
,
before
Alexander
and
Aristobulus
begotten
after
he
was
king
[
q
](B13659-e96300-b)
q
Ioseph
.
lib.
antiquit.
16.
.
And
many
yeares
after
in
Hungarie
,
Bela
their
king
being
dead
,
Geysa
being
borne
when
he
was
a
priuate
man
was
inuested
with
the
Crowne
[
r
](B13659-e96330-b)
r
Fl.
Blondus
Decad.
2.
lib.
6.
Micha
.
Ritius
lib.
de
regi
.
Hungar.
2.
:
and
before
that
Otto
the
first
could
be
setled
in
the
Empire
of
Rome
,
his
brother
Henry
made
a
quarrell
to
it
,
because
he
was
borne
when
his
father
was
Emperor
:
But
the
matter
discending
to
armes
,
and
battaile
,
victorie
did
adiudge
the
Empire
to
Otto
[
s
](B13659-e96370-b)
s
Sigebert
.
in
Chron.
:
Wherefore
two
or
more
contrarie
examples
are
not
in
this
case
to
be
regarded
;
As
that
of
Genzericus
the
king
of
the
Vandales
,
who
made
his
testament
in
this
forme
,
or
rather
this
Law
in
forme
of
his
testament
,
Si
Rex
moritur
,
qui
ei
genere
proximus
,
et
natu
maximus
erit
regni
haeres
esto
:
for
Procopius
noteth
his
great
age
when
he
made
this
Law
,
and
it
may
be
that
others
will
note
him
for
his
dotage
if
he
did
amisse
,
for
his
discretion
,
if
he
did
it
to
preuent
a
daunger
[
t
](B13659-e96420-b)
t
Procop.
lib.
de
bel
.
Vandal
.
3.
.
So
when
Charles
the
king
of
Sicely
died
he
had
two
sonnes
,
Charles
Martell
,
and
Robert
:
Martellus
died
liuing
his
father
,
but
leauing
a
sonne
,
whereupon
the
Lawyers
had
plentiful
matter
of
disputation
offered
vnto
them
,
whether
the
sonnes
sonne
should
be
preferred
before
the
vncle
in
the
possession
of
his
graundfather
:
but
by
the
Popes
meanes
,
Robert
obteyned
the
kingdome
:
But
the
Emperour
Fredericke
reuersed
this
sentence
,
and
the
Pope
cancelled
his
rescriptr.
But
D.
Bartolus
giueth
this
reason
of
the
Popes
doinges
,
because
the
kingdome
of
Sicilia
was
one
of
the
fees
of
the
Church
of
Rome
,
so
that
it
did
not
belong
to
Robert
by
any
lawfull
succession
,
but
by
the
graunt
and
inuestiture
of
the
Lord
of
the
fee
[
x
](B13659-e96530-b)
x
Barto
.
in
Arth.
post
fratr
.
C.
de
legit
.
haered
.
.
Neither
is
it
materiall
that
the
Nomades
,
Barbarians
,
did
preferre
the
yonger
bretherne
before
the
children
of
the
elder
bretherne
,
as
Strabo
reporteth
:
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
[
a
](B13659-e96570-b)
a
Strabo
lib.
16.
yet
I
will
graunt
that
in
the
succession
of
regall
dignities
,
the
worthines
of
bloud
is
lesse
to
bee
respected
,
then
in
the
succession
of
common
inheritances
,
because
in
that
case
the
commoditie
of
the
subiectes
,
and
the
abilitie
of
them
that
are
to
succeede
is
politikelie
to
bee
respected
:
And
therefore
diuers
Ciuilians
doe
with
vnited
consent
pronounce
that
the
good
estate
of
the
kingdome
and
subiectes
,
the
profite
,
peace
,
and
safetie
of
the
same
,
is
more
to
be
heeded
quàm
sanguinis
series
,
the
course
of
bloud
[
b
](B13659-e96590-b)
b
Luc.
de
Pen.
in
5.
nepot
.
C.
qui
num.
lib.
10.
et
in
l.
1.
C.
de
lyro
.
lib.
12.
Bald.
in
c.
1.
de
feud
.
March
.
.
And
Roboam
preferred
Abias
his
yonger
sonne
,
before
his
elder
bretherne
in
the
succession
of
his
kingdome
[
c
](B13659-e96620-b)
c
2
paralip
.
11
.
And
Salomon
the
yonger
brother
[
d
](B13659-e96640-b)
d
2.
Reg.
1.
was
preferred
before
his
elder
bretherne
:
But
this
must
be
done
warilie
,
and
by
the
warrant
of
a
good
conscience
,
otherwise
it
can
neyther
please
God
,
nor
profite
man
,
least
a
king
doe
by
his
choise
preiudice
his
subiectes
;
as
Micipsa
did
by
the
adoption
of
Iugurtha
[
e
](B13659-e96670-b)
e
Salust
.
in
bel
.
Iugurth
.
.
But
the
reasons
are
manie
and
forceable
,
wherefore
the
worthines
of
bloude
shall
in
the
course
and
conueiance
of
inheritances
bee
principally
respected
.
First
,
Ius
quod
personae
inest
per
modum
substantiae
,
est
ab
ea
inseparabile
,
et
in
nullo
alio
subiecto
potest
verificari
[
f
](B13659-e96690-b)
f
Arg.
l.
for
did
.
C.
de
excus
.
mun
.
lib.
10.
.
But
ius
primogeniturae
is
in
the
eldest
sonne
,
or
in
his
issue
per
modum
substantiae
:
therefore
it
is
inseparable
from
him
,
and
cannot
extende
to
any
other
.
Secondly
,
the
aucthoritie
of
Vlpian
prooueth
it
,
affirming
that
hee
is
a
patritian
,
who
is
borne
before
his
father
was
made
a
Senator
,
as
well
as
he
,
who
is
borne
after
that
hee
is
possessed
of
the
Senatorie
calling
[
g
](B13659-e96730-b)
g
l.
Senator
.
S.
D.
de
Senat.
.
Thirdly
,
it
is
apparant
by
manie
places
in
the
feudall
Law
,
that
sonnes
and
nephewes
may
succeede
in
the
fees
,
and
inheritances
of
Dukes
,
Marquesses
,
and
Earles
:
and
so
it
is
of
the
inferiour
and
vulgar
sort
of
men
.
And
it
is
well
said
of
D.
Hotoman
:
Ius
sanguinis
quod
in
legitimis
successionibus
spectatur
,
ipso
natiuitatis
tempore
quaesitum
est
.
Fourthly
,
it
should
bee
against
all
Lawes
proximitatis
graduum
,
that
they
which
are
in
a
more
remote
degree
the
worthines
of
consanguinitie
should
be
preferred
before
them
that
are
in
a
neerer
degree
.
Fifthly
,
because
Primogenitura
is
an
inseparable
incident
to
the
eldest
sonne
,
and
whatsoeuer
is
claymed
by
this
,
must
bee
claymed
by
the
person
of
the
eldest
sonne
,
and
none
can
succeede
in
the
place
of
the
first
begotten
as
first
begotten
,
because
there
cannot
be
two
first
begotten
:
But
no
Law
more
respecteth
the
worthines
of
bloud
then
the
common
Law
,
which
preferreth
the
brother
before
the
sister
in
case
of
discent
:
the
elder
brother
before
the
yonger
,
whereas
the
middle
brother
purchaseth
land
:
the
sister
before
the
vncle
,
and
the
vncle
before
the
cosin
[
h
](B13659-e96770-b)
h
Littlet
.
tit.
Fee
simple
.
,
and
all
these
particular
prerogatiues
of
kinred
Mast.
Littleton
windeth
vp
as
it
were
in
one
clew
,
when
he
saith
,
that
when
a
man
purchaseth
land
in
fee
simple
,
and
dieth
without
issue
,
euery
one
,
that
is
his
next
cosin
collaterall
for
default
of
issue
may
inherite
:
and
therefore
it
was
well
and
wisely
agreed
by
the
Iustices
decimo
quinto
Elizab.
in
Cleeres
case
,
that
in
a
collaterall
discent
from
any
which
purchaseth
landes
,
and
tenements
,
and
dyeth
without
issue
,
the
heires
of
the
part
of
the
father
and
which
are
of
the
bloud
of
the
auncestors
males
in
the
lineall
ascension
by
the
father
in
the
same
degree
,
as
the
brother
of
the
graundfather
of
the
fathers
side
,
and
his
issues
be
they
male
or
female
shall
be
preferred
before
the
brother
of
the
graundmother
of
the
father
side
and
his
issues
:
And
so
the
brother
of
the
great
graundfather
of
the
fathers
side
,
namely
the
brother
of
the
father
,
of
the
father
,
of
the
father
of
the
purchasour
and
his
issues
bee
they
male
or
female
shall
bee
preferred
before
the
mother
of
the
great
grandmother
,
namely
the
brother
of
the
mother
of
the
father
of
the
father
of
the
purchasor
and
his
issues
.
For
the
female
sexe
is
more
base
then
the
male
in
lawe
.
And
it
was
likewise
agreede
,
that
if
the
purchasor
dyed
without
issue
,
and
hath
not
any
heire
of
the
part
of
the
father
that
the
land
shall
discend
to
the
next
heire
of
the
parte
of
the
mother
,
that
is
,
to
the
race
of
the
heyre
of
the
males
of
whence
the
mother
is
discended
,
rather
then
to
others
,
and
in
this
case
of
Clere
because
the
bloud
which
was
betwixt
the
vncle
of
the
part
of
the
mother
of
the
heire
,
and
the
heire
himselfe
came
immediatly
by
the
woman
,
but
the
bloud
which
was
betwixt
the
cosin
germane
of
the
fathers
side
,
&
him
though
it
came
originally
from
the
woman
,
namely
the
grandmother
,
yet
it
is
deriued
to
the
heire
by
the
males
,
so
that
the
dignitie
of
the
bloud
doth
surprise
and
excell
the
proximitie
of
the
degree
;
therefore
it
was
adiudged
that
the
cosin
should
haue
the
land
.
[
i
](B13659-e96810-b)
i
15.
Eliz.
comm.
cleres
case
.
442.
The
fourth
Chapter
.
That
in
making
title
by
prescription
and
continuance
of
time
immemoriall
,
all
nations
haue
consented
.
OF
all
worldly
thinges
time
is
most
puissant
:
for
it
endeth
some
things
quickly
,
some
things
once
,
and
at
last
,
some
things
it
preserueth
,
some
things
it
continueth
vnto
the
end
of
the
world
,
and
the
force
of
time
is
pretily
described
in
these
poems
.
Res
omnes
,
aeurum
,
chalibem
,
deglutio
,
ferrum
,
stagna
,
lacus
,
fontes
,
ebibo
,
tum
fluuios
,
Tabida
consumit
lignum
,
lapidesque
vetustas
:
nullaquè
res
maius
tempore
robur
habet
.
If
by
the
course
of
nature
time
be
such
an
incroacher
vpon
other
things
,
then
surely
arte
&
law
doth
imitate
nature
which
giue
vnto
it
such
power
and
authoritie
,
as
to
chaunge
,
to
raise
,
to
alter
,
to
defeat
,
to
strengthen
and
to
establish
titles
,
neither
doth
the
law
of
nations
attend
the
strict
circumstances
of
the
ciuil
or
common
law
,
in
which
these
two
lawes
doe
square
:
for
by
the
ciuill
lawe
there
is
required
iust
title
which
the
common
law
requireth
not
:
and
bona
fides
[
a
](B13659-e96930-b)
a
Gl.
si
.
c.
illud
de
prescrip.
which
the
common
law
requireth
not
and
continuall
possession
,
which
the
common
lawe
onely
requireth
.
Prescription
was
first
brought
in
,
that
there
might
be
a
certainty
of
titles
and
peaceable
possession
without
contradiction
,
for
a
long
time
might
turne
to
a
right
:
wherefore
it
is
well
obserued
in
the
ciuill
lawe
bono
publico
intraducta
est
vsucapio
,
&
praescriptio
vt
sit
aliquis
litium
finis
:
[
b
](B13659-e96950-b)
b
b.
lib.
1.
de
vsucap
.
whereupon
that
speech
of
the
Lacedemonians
in
Isocrates
is
grounded
:
Wee
holde
this
lande
giuen
vnto
vs
by
the
posteritie
of
Hercules
,
confirmed
by
the
Delphicke
Oracle
,
and
the
inhabitantes
of
it
being
ouercome
of
vs
(
heere
note
a
triple
title
in
showe
,
and
yet
all
these
in
effect
but
a
prescription
)
yee
knowe
well
that
all
possessions
eyther
priuate
or
publike
to
bee
confirmed
by
prescription
of
long
time
:
we
haue
held
Messana
more
then
foure
hundred
yeares
.
[
c
](B13659-e96980-b)
c
Isocra
.
in
Arch.
And
so
Iepthe
did
pleade
prescription
against
the
Ammonites
;
[
d
](B13659-e97000-b)
d
Iudic.
c.
11.
This
land
(
said
he
)
haue
wee
possest
three
hundred
yeares
.
The
French
maintaine
their
title
of
Fraunce
onely
by
prescription
,
as
Bodinus
confesseth
:
[
dd
](B13659-e97030-b)
dd
Bodin
.
lib.
de
repub.
for
conquered
it
was
by
king
Edward
the
third
that
happie
&
triumphant
Monarch
:
assured
to
King
Henry
the
fifth
and
his
heires
,
[
e
](B13659-e97060-b)
e
Graft
.
in
H.
5
not
to
Queene
Katherine
and
her
heyres
:
[
f
](B13659-e97080-b)
f
Pet.
Mar.
comm.
in
lib.
iud.
And
some
Diuines
holde
(
for
others
doe
oppose
themselues
against
this
lawe
of
prescription
)
[
g
](B13659-e97090-b)
g
Aug.
de
te
.
ser.
105.
Epiphan.
and
obserue
that
the
Iewes
neuer
made
question
of
the
title
of
their
Semi
,
because
the
Cananites
did
defend
themselues
by
the
prescription
of
500.
yeares
:
wherefore
Artabanus
the
Parthian
king
did
,
as
Tacitus
sayeth
,
Per
vaniloquentiam
vainely
demaund
of
Tiberius
the
territories
&
possessions
of
the
Macedonians
hauing
bin
[
i
](B13659-e97200-b)
i
Ioui
.
30.
34.
But
most
vnaduisedly
of
all
did
the
king
of
Persia
demaund
all
these
thinges
which
did
belong
to
the
Persian
Empire
from
the
first
foundation
of
their
Monarchie
vnto
the
conquest
of
Alexander
Magnus
,
of
Constantine
and
his
sonne
,
and
of
Alexander
Seuerus
:
[
k
](B13659-e97250-b)
k
Herodia
.
li.
6.
zon
.
Ammi
.
lib.
17.
as
if
the
auncient
inhabitants
of
Pannonia
should
now
claime
Hungarie
which
the
Hunnes
did
conquer
,
name
,
and
to
this
day
keepe
:
and
vaine
was
the
quarrell
which
Masinissa
made
to
the
Carthaginians
lande
,
[
l
](B13659-e97290-b)
l
Liui.
lib.
34.
alleadging
that
they
ought
to
haue
no
more
then
Dido
the
Tyrian
Queene
enioyed
,
which
was
no
more
then
coulde
bee
compassed
by
the
hyde
of
an
Oxe
being
curt
into
thonges
,
for
they
had
possest
these
landes
almost
seauen
hundred
yeares
:
likewise
weake
was
the
title
which
Antiochus
the
great
pretended
against
the
Aetolians
and
the
Ionians
,
because
these
people
were
once
subiect
vnto
his
auncestors
:
&
hee
is
well
confuted
of
the
Romanes
by
the
lawe
of
prescription
,
that
though
his
great
grandfather
,
did
atchiue
these
cities
by
warre
yet
his
grandfather
and
father
neuer
enioyed
them
,
but
the
cities
enioyed
their
libertie
.
There
be
some
interpreters
of
the
lawe
,
which
thinke
the
king
of
Fraunce
by
prescription
to
be
exempted
from
the
Emperours
subiection
,
[
m
](B13659-e97330-b)
m
Fulg.
Sacc
.
lib.
1.
C.
tit.
1.
against
whom
rather
adulatoriously
then
aptly
Alciat
replyeth
,
that
no
prescription
of
time
wil
hold
place
against
the
Empire
:
[
n
](B13659-e97350-b)
n
Alciat
.
lib.
5.
de
iust
.
for
that
is
not
true
in
a
prescription
of
time
,
which
is
immemoriall
,
that
is
when
no
man
as
it
may
be
commonly
beleeued
,
hath
eyther
seene
or
heard
the
contrary
:
and
this
by
the
ciuill
law
is
the
space
of
one
hundred
yeares
.
[
o
](B13659-e97360-b)
o
Alexan.
5.
Cons.
16.
Alciat
.
3.
cons.
24.
But
here
before
I
wil
grant
that
such
prescription
will
hold
against
a
king
or
an
Emperor
,
this
is
onely
in
such
case
where
neyther
possession
hath
beene
had
,
nor
clayme
made
against
the
said
king
or
Emperor
,
for
if
claime
only
haue
beene
made
as
the
kings
and
Queenes
of
England
haue
done
in
entitling
themselues
kings
and
Queenes
of
Fraunce
,
and
beare
in
their
scutchions
the
ensignes
and
armes
of
that
kingdome
,
and
so
keep
the
ciuil
possession
of
that
kingdome
,
though
they
haue
lost
the
corporall
possession
in
such
case
I
do
not
thinke
that
the
prescription
of
a
thousand
yeares
ought
to
preuaile
:
but
in
a
case
of
a
common
person
prescription
will
hardly
run
against
the
prince
.
Therefore
it
hath
beene
held
in
our
bookes
,
that
if
the
kinges
tenant
in
Capite
bee
seised
of
an
aduowson
,
and
the
church
happeneth
voide
,
and
hee
dyeth
,
and
the
sixe
monethes
doe
passe
,
(
nay
suppose
sixe
score
yeares
doe
passe
)
[
q
](B13659-e97400-b)
q
Ibid.
fol.
21.
It
is
answered
by
some
that
the
ordinarie
may
present
one
who
shall
be
remouable
at
the
kings
will
,
and
some
thinke
that
he
shal
sequester
the
profites
of
the
benefice
to
serue
the
cure
:
but
in
some
case
the
King
may
not
surcease
his
time
,
as
if
the
tenant
for
terme
of
life
do
forfeit
his
estate
to
the
king
,
if
he
be
not
seised
during
his
life
hee
may
not
afterward
seise
it
,
[
qq
](B13659-e97410-b)
qq
8.
H.
5.
Trauers
.
47.
but
in
this
case
the
reason
is
because
hee
can
haue
no
other
estate
then
he
which
forfeiteth
,
and
he
which
commeth
in
of
the
estate
of
an
other
can
haue
no
greater
right
then
he
had
:
for
if
a
man
haue
land
in
the
right
of
his
wife
,
or
in
the
right
of
a
Church
hee
can
not
haue
it
otherwise
then
the
Church
or
the
wife
hath
it
:
[
r
](B13659-e97420-b)
r
18.
E.
3.
20.
so
if
there
be
Lord
and
tenant
,
and
the
tenant
alieneth
in
mortmaine
,
and
the
Lorde
entreth
,
yet
hee
shall
haue
onely
such
right
in
the
land
as
he
hath
in
the
seigniorie
,
notwithstanding
that
the
statute
do
say
,
Quod
proximus
dominus
intrabit
&
retinebit
in
feodo
:
[
s
](B13659-e97440-b)
s
39.
E.
3.
38.
50.
E.
3.
21.
l.
5.
E.
4.
61.
For
this
is
grounded
vpon
naturall
reason
,
and
naturalia
sunt
immutabilia
:
and
the
princely
prescription
must
bee
maintained
bona
fide
.
Wherefore
the
Duke
of
Sauoy
which
had
the
Cittie
of
Nice
in
pledge
of
the
French
King
,
did
vniustly
withhold
that
Cittie
from
the
king
being
the
lawful
owner
then
,
because
hee
had
inueterate
possession
in
the
same
,
for
by
the
ciuil
law
a
man
may
not
prescribe
in
a
pledge
:
[
t
](B13659-e97490-b)
t
l.
9.
C.
de
pl.
act
.
Deci.
3.
consi
.
108.
and
Iouius
is
likewise
angrie
against
the
king
of
Fraunce
himselfe
for
keeping
Perpinianum
in
the
like
sort
:
Parum
sincera
fide
(
saith
he
)
veteris
pacti
conditionem
multis
cauillationibus
inuoluebat
:
[
u
](B13659-e97550-b)
u
Iou.
lib.
1.
for
it
is
true
that
Cephalus
saith
,
in
quaestione
valde
dubitabili
non
est
praescriptio
.
[
x
](B13659-e97580-b)
x
Ceph
.
cons.
102.
But
surely
bonafides
is
requisite
in
such
matters
of
prescription
,
except
it
be
apparant
that
the
will
of
God
is
for
the
prescription
:
Wherefore
Bellarmin
confesseth
,
that
the
Turke
doth
lawfully
possesse
such
thinges
as
hee
hath
taken
from
vs
because
God
his
will
is
that
for
our
sins
we
should
be
cast
out
of
the
land
,
wherein
we
and
our
ancestors
inhabited
.
[
a
](B13659-e97610-b)
a
Bellar.
5.
contr.
But
he
doth
not
possesse
them
bonafide
,
because
hee
can
not
by
any
speciall
meane
conuey
them
particularly
to
himselfe
,
for
as
Doctor
Gentilis
hath
well
obserued
:
An
Turcae
opinio
latrocinantis
cogitat
de
iusta
voluntate
Dei
.
[
b
](B13659-e97650-b)
b
Alb.
Gentil
.
lib.
de
iu.
bel
.
1.
22.
Aratus
the
Sicyonian
was
so
strong
and
peremptorie
for
the
title
of
prescription
,
that
hee
did
not
thinke
it
conuenient
to
remoue
or
take
away
from
the
vsurpers
any
thing
that
they
haue
violently
taken
from
the
owner
,
if
they
haue
had
possession
during
the
space
of
fiftie
yeares
onely
.
[
c
](B13659-e97670-b)
c
Cicer.
2.
de
offic.
Prescription
hath
alwayes
beene
of
force
to
hinder
these
that
had
right
to
pursue
their
clayme
:
Wherefore
Demosthenes
sayth
well
;
Hee
that
hath
helde
an
other
mans
landes
or
goodes
a
long
time
should
not
please
himself
therewith
,
but
impute
it
to
fortune
which
hath
hindred
the
lawfull
owners
.
[
d
](B13659-e97690-b)
d
Demosth
.
ad
maca
.
Is
any
thing
more
to
bee
laughed
at
then
that
which
is
said
of
some
interpreters
of
the
law
,
who
are
not
to
bee
laughed
at
,
that
the
kingdome
of
Spaine
may
now
be
claimed
by
the
Romane
Emperour
,
by
reason
of
his
ancient
imperiall
right
,
whereas
it
is
manifest
that
sithence
the
time
of
the
ancient
Romane
Emperours
,
it
hath
beene
a
long
time
possest
of
the
Saracens
,
a
long
time
of
the
Spaniards
.
The
fifth
Chapter
.
That
by
the
consent
of
all
nations
consent
principally
maketh
a
lawfull
mariage
.
IF
a
man
should
examine
the
seueral
rites
,
circumstances
,
and
ceremonies
of
the
diuers
people
of
the
worlde
in
the
knitting
and
celebrating
of
mariage
,
he
might
as
well
number
and
obserue
the
diuerse-couloured
spottes
of
the
Chamaeleon
:
for
euery
nation
hath
had
in
this
by
some
fatall
lotte
both
their
custome
and
chaunge
of
custome
:
I
will
onely
endeuor
to
proue
that
which
is
conteined
in
my
assertion
,
that
by
the
consent
of
all
nations
&c.
The
definition
of
thinges
is
alway
the
best
proofe
:
therefore
it
is
good
to
beginne
this
discourse
with
the
definition
of
mariage
:
Mariage
is
the
lawfull
coniunction
of
man
and
woman
,
conteining
an
indiuiduall
societie
of
life
,
and
the
participation
of
diuine
and
humane
right
[
a
](B13659-e97770-b)
a
30.
q.
c.
nullam
.
,
where
it
is
said
,
a
lawfull
coniunction
,
nothing
els
is
meant
,
but
a
free
consent
executed
by
the
contract
,
which
as
it
is
the
beginning
of
the
definition
,
so
it
is
the
ground
of
the
mariage
,
and
these
wordes
,
conteining
an
indiuiduall
societie
of
life
,
do
signifie
that
they
shall
continue
foreuer
together
as
long
as
they
liue
:
Howbeit
the
rule
of
the
common
Law
do
in
this
sauour
of
the
irregular
Religion
,
Post
contractum
matrimonij
ante
carnalem
copulam
possit
alter
altero
inuito
religionem
intrare
[
b
](B13659-e97810-b)
b
Gazalup
.
in
verb.
nuptiae
.
.
And
for
the
further
proofe
that
the
ground
of
mariage
is
consent
,
there
be
three
thinges
by
the
Canon
Law
required
to
mariage
[
c
](B13659-e97820-b)
c
Codi
.
ap.
C.
vlti
.
c.
27.
q.
2.
,
Fides
,
Proles
,
and
Sacramentum
:
Fidelitie
which
is
put
in
the
first
place
is
the
hart
of
mariage
,
and
it
springeth
of
consent
:
and
therefore
if
a
man
do
contract
with
a
woman
in
this
sort
,
Contraho
tecum
si
te
pro
quaestu
adulter
andum
exposueris
,
this
is
no
contract
of
mariage
,
because
it
is
contra
bonum
fidei
,
which
consisteth
in
this
,
that
neither
of
the
maried
couple
shall
break
the
bond
of
mariage
,
but
shall
faithfully
and
vnitedly
obserue
it
.
Likewise
Progenie
is
an
other
thing
that
mariage
requireth
,
and
therefore
it
can
not
be
a
good
contract
of
mariage
,
if
it
be
made
in
this
forme
,
Contraho
tecum
si
generationem
prolis
euites
,
or
si
venenum
sterilitatis
accipias
,
because
mariage
was
instituted
of
God
for
the
solace
of
man
,
and
the
multiplication
of
mankind
by
children
.
Thirdly
,
a
solemne
promise
is
requisite
in
mariage
:
and
therefore
if
a
man
do
contract
with
a
woman
donec
ditiorem
,
vel
pulchriorem
habeat
faeminam
,
this
is
no
good
league
of
mariage
,
because
it
is
contrarie
to
the
oath
of
an
indiuiduall
societie
.
And
so
if
any
man
in
a
foreine
land
sucking
as
yet
the
smoak
of
the
Popes
Tobaccho
be
a
votarie
to
Religion
,
and
a
bondslaue
to
his
cloyster
;
for
England
(
the
Lord
be
praised
)
is
at
this
day
as
free
from
Monkes
,
as
it
is
from
wolues
.
Three
things
are
required
at
his
handes
,
namely
,
chastitie
,
obedience
,
and
the
abdication
of
propertie
,
as
well
in
landes
as
in
goodes
[
d
](B13659-e97910-b)
d
Gazalup
.
in
verb.
matrimon
.
:
But
that
consent
hath
been
the
ground
of
Matrimoniall
contractes
,
may
appeare
by
the
vsuall
course
and
practise
of
nations
:
Wherefore
Virgill
exclaymeth
against
Romulus
for
marrying
the
Sabine
women
against
their
willes
,
and
accompteth
it
rather
a
rape
,
then
a
mariage
,
Raptas
sine
more
S●binas
:
sine
more
,
that
is
,
contrarie
to
the
custome
of
nations
[
e
](B13659-e97960-b)
e
Virgil.
8.
Aeneid
.
.
And
Propertius
inueyeth
against
him
for
this
more
vehemently
[
ee
](B13659-e97980-b)
ee
Propert.
2.
Eleg.
6.
:
—
tu
criminis
author
,
Nutritus
duro
Romule
lacte
lupae
Tu
rapere
intactas
docuisti
impune
Sabinas
.
Yea
diuines
Tertullian
and
S.
Augustine
haue
sharpely
reprooued
this
fact
of
Romulus
[
f
](B13659-e98060-b)
f
Tertul.
de
de
spect.
et
adu
.
val.
,
and
Cyprian
agreeth
vnto
them
,
reprehending
Romulus
in
this
maner
,
Vt
Matrimonium
facias
rem
concordiae
per
discordiam
auspicaris
,
rapis
,
faerocis
,
fallis
,
&
nuptiae
tibi
sunt
rupta
hospitij
faedera
[
g
](B13659-e98100-b)
g
Cypri
.
lib.
4.
de
ido
.
na.
.
By
the
Ciuill
Law
mariage
may
bee
concluded
by
an
oath
,
which
beeing
but
a
contract
,
it
called
sponsalia
de
futuro
[
h
](B13659-e98120-b)
h
ff.
de
verb.
sing
.
l.
verbum
erit
.
:
And
so
in
auncient
time
the
Law
seemed
to
be
,
as
may
appeare
by
these
wrested
words
of
Cydippe
to
Acontius
:
Iuro
tibi
sanè
per
mystica
sacra
Dianae
,
Me
tibi
venturam
comitem
sponsamque
futuram
[
i
](B13659-e98180-b)
i
Ouid.
in
epistol.
.
The
mariage
betwixt
Dido
and
Aeneas
was
by
consent
accorded
,
by
consent
prosecuted
,
by
consent
executed
,
beeing
witnessed
and
celebrated
coelo
tonante
,
and
no
otherwise
[
k
](B13659-e98220-b)
k
Virgil.
lib.
4.
:
for
the
Phrygian
and
Tyrian
Lordes
followed
their
hunting
,
whilest
the
great
hound
of
all
caried
away
the
hare
.
And
the
mariage
betwixt
Martia
and
Cato
wittily
described
by
Lucan
had
no
publique
attestation
,
but
the
presence
of
Brutus
onelie
:
Pignora
nulla
domus
,
nulli
coiere
propinqui
,
Iunguntur
taciti
contentique
auspice
Bruto
[
l
](B13659-e98320-b)
l
Luca.
lib.
2.
.
But
I
would
not
be
so
vnderstood
,
as
though
I
should
haue
this
meaning
,
that
nothing
els
is
requisite
to
the
perfection
of
mariage
,
but
onelie
the
bare
consent
:
For
to
explane
my
meaning
more
at
large
,
I
hold
that
euen
by
the
Law
of
Nations
,
consent
is
onlie
the
efficient
cause
of
mariage
:
but
the
materiall
cause
is
corporum
coniunctio
,
the
formall
,
the
bringing
of
the
wife
into
the
husbandes
house
,
et
aquae
,
et
ignis
interuentus
:
and
therefore
in
my
opinion
D.
Hotoman
is
not
iustly
reprooued
of
D.
Gentilis
[
m
](B13659-e98370-b)
m
Alberic
.
Gentil
.
lib.
3.
lectio
.
et
epistolar.
c.
6.
,
for
holding
that
this
deductio
in
domum
is
the
formall
cause
of
mariage
,
for
though
the
Emperour
say
[
n
](B13659-e98390-b)
n
L.
15.
D.
de
cond.
et
dem.
,
vxor
fuisti
:
deductio
in
domum
ostendit
,
so
that
by
the
opinion
of
Gentilis
,
this
deductio
shall
be
onely
a
proofe
,
and
argument
of
the
mariage
&
no
substantiall
forme
of
it
:
yet
by
his
fauour
this
is
nether
logike
nor
reason
;
for
may
not
an
argument
be
drawne
à
causa
formali
,
and
because
anima
is
a
signe
corporis
animati
:
for
a
man
may
reason
thus
,
animam
habet
:
ergo
est
corpus
animatum
:
therefore
shall
not
anima
be
the
forme
of
a
lyuing
bodie
?
But
if
we
will
be
ruled
by
Iustinian
,
the
opinion
of
D.
Hotoman
seemeth
in
this
to
be
neerer
to
the
truth
,
though
his
learning
and
iudgement
,
if
I
haue
any
iudgement
,
be
farre
inferiour
to
the
worthines
of
Gentilis
:
yet
I
acknowledge
them
both
to
be
worthy
men
,
et
vitulo
tu
dignus
&
hic
.
But
to
examin
the
rule
of
the
Emperour
,
which
before
I
spake
of
,
non
impletur
nuptiarum
conditio
nisi
nuptiarum
accedat
festiuitas
[
o
](B13659-e98530-b)
o
L.
sancimus
24.
C.
de
nup.
,
it
seemeth
that
there
must
be
necessarilie
deductio
in
mariti
domum
,
as
may
appeare
by
the
auncient
custome
of
the
Romanes
in
their
mariages
,
which
is
briefely
glaunced
at
by
Virgill
in
these
wordes
,
Sparge
marite
nuces
[
p
](B13659-e98580-b)
p
Virgil.
in
Bucolic
.
,
to
which
there
is
a
custome
in
some
part
of
England
somewhat
correspondent
,
which
hath
been
much
vsed
,
namely
,
that
the
husband
breaketh
a
cake
ouer
the
head
of
the
wife
,
as
soone
as
she
is
within
the
threshold
of
his
house
:
which
custome
and
the
like
I
will
neither
commend
,
nor
discommend
,
but
will
onely
censure
them
somewhat
agreeably
to
Senecaes
[
q
](B13659-e98610-b)
q
Augusti
.
lib.
de
ciuit
.
dei
.
6.
c.
10.
ex
Senec.
lib.
de
super
stiti
.
et
matrimon
.
censure
of
certaine
pointes
of
the
ciuill
theologie
of
the
Romaines
,
Haec
omnia
populus
seruabit
tanquam
consuetudine
recepta
,
non
tanquam
deo
accepta
.
And
though
Gentilis
presse
Hotoman
with
this
obiection
out
of
the
ciuill
Law
,
that
the
mariage
may
be
celebrated
by
an
other
,
viro
absente
;
but
not
muliere
absente
[
r
](B13659-e98670-b)
r
l.
5.
D.
de
ri
.
nup.
:
Yet
that
is
no
ordinarie
course
of
mariage
,
but
extraordinarie
:
As
when
the
parties
cannot
conueniently
come
together
,
as
being
seuered
by
Sea
,
which
hapned
lately
in
the
case
of
Iames
king
of
Scots
,
who
was
maried
to
Anne
the
sister
of
the
king
of
Denmarke
,
by
a
substitute
or
enter-deux
,
as
Chythraeus
reporteth
[
s
](B13659-e98730-b)
s
Chytr
.
lib.
de
reb.
orb
.
arcto
.
ab
anno
1580.
vsque
an
1590.
Eyzinger
.
in
thes.
princip.
.
And
the
cannon
Law
which
D.
Gentilis
too
hastilie
calleth
irrationale
,
erroneum
,
caecum
,
auarum
totum
[
t
](B13659-e98760-b)
t
Alberic
.
Gentil
.
lib.
1.
lecti
.
et
epistolar.
c.
11.
,
will
shew
this
difference
vnto
him
:
for
it
maketh
two
sorts
of
mariage
,
both
lawfull
and
perfite
,
yet
the
one
it
tearmeth
verum
,
the
other
praesumptum
.
Verum
Matrimonium
is
thus
defined
:
Which
is
made
betwixt
lawfull
persons
by
apt
wordes
,
all
impediment
of
law
remoued
:
The
other
is
thus
defined
,
which
by
the
interuention
of
some
other
is
celebrated
betwixt
lawfull
persons
by
the
arbitrage
of
some
others
,
and
there
doth
not
immediatly
succeede
copula
carnalis
[
u
](B13659-e98820-b)
u
Gof
.
in
tract
.
de
contrah
.
.
But
in
deed
these
verie
wordes
,
duxisse
vxorem
,
which
signifieth
the
complementall
act
of
mariage
doth
sufficiently
import
the
necessitie
of
the
forme
of
mariage
aboue
mentioned
.
The
efficient
,
materiall
,
and
formall
causes
of
mariage
haue
been
aboue
shewed
:
The
finall
cause
,
as
all
will
agree
,
is
the
propagation
of
children
[
x
](B13659-e98840-b)
x
l.
si
vicin
.
9.
c.
de
nup.
,
and
the
restraint
of
wanton
lust
:
If
this
assertion
should
be
examined
by
the
ciuill
Law
,
it
might
receiue
great
disputation
,
varying
and
straying
wholie
from
scripture
,
the
authentike
of
Religion
,
yet
wholie
for
consent
:
for
the
ciuill
Law
is
so
strange
for
consent
,
that
it
is
positiuely
set
downe
by
a
great
Ciuilian
;
That
if
a
man
doe
vse
too
familiar
acquaintance
with
a
gentlewoman
that
setteth
not
her
bodie
to
sale
vnto
him
,
that
this
is
not
concubinage
,
but
mariage
[
a
](B13659-e98860-b)
a
Modestin
.
in
l.
in
liber
.
24.
D.
de
rit
.
nup.
.
An other
Ciuilian
holdeth
,
that
a
woman
to
whom
one
hath
shewed
an
husbandlie
affection
,
ought
in
continuancc
of
time
to
be
accompted
his
wife
[
b
](B13659-e98880-b)
b
Papin
.
in
l.
donation
.
31.
D.
de
donat.
:
To
whom
agreeth
Vlpian
saying
as
boldlie
and
libidinously
,
Betwixt
a
concubine
and
a
wife
there
is
no
difference
,
except
the
wife
be
a
more
worthy
parsonage
[
c
](B13659-e98910-b)
c
Vlpian
.
in
l.
item
legato
.
49.
§.
1.
D.
de
leg.
3.
.
Yea
euen
in
the
bodie
of
their
Law
it
is
set
downe
for
a
rule
,
that
inter
concubinatum
et
matrimonium
nihil
nisi
affectio
interest
[
d
](B13659-e98930-b)
d
L.
3.
§.
1.
D.
de
donat.
inter
vir
&
vxor
.
:
ingenuaque
mulier
domi
ante
testationem
pro
vxore
habenda
est
d.
These
are
the
oracles
of
the
parots
and
parasites
of
the
Romane
Emperours
,
who
sought
to
sholder
out
the
truth
of
God
his
word
,
and
to
varnish
their
owne
sinnes
,
by
the
dreames
of
such
dissolute
Lawyers
,
who
thought
perhaps
that
they
might
as
wel
defende
,
as
commit
fornication
,
and
concubinage
:
Vpon
whose
reuerend
opinions
the
Pope
sprinckleth
the
holie-water
of
his
dispensations
,
yea
and
dispenseth
for
incestuous
mariage
,
not
onely
with
Dukes
,
and
noble
men
,
but
as
Angelus
Perusinus
sheweth
,
euen
with
Barbors
,
Tailors
,
and
Butchers
[
e
](B13659-e98970-b)
e
Angel
.
Per.
in
l.
matrem
.
§
filiam
ad
Treb.
.
But
it
is
fitlie
said
by
some
,
that
he
doth
rather
dissipare
quàm
dispensare
[
f
](B13659-e98990-b)
f
Felin
.
post
Doct.
in
C.
quae
ecclesiarum
de
constit
.
.
And
others
haue
been
bolde
to
saie
,
that
he
which
obteineth
such
dispensation
,
perhaps
will
hardlie
escape
in
foro
poli
,
in
the
court
of
heauen
,
howsoeuer
hee
be
safe
in
foro
Romae
,
in
the
court
of
Rome
[
g
](B13659-e99020-b)
g
Arg.
C.
fin
.
de
praescript
.
et
Alci
.
in
l.
5.
pedum
C.
fini
regund
.
.
Howsoeuer
the
Canonistes
,
whereof
the
most
part
doe
beare
the
cognisance
of
the
whoore
of
Babylon
,
do
auouch
that
by
such
dispensation
,
veritas
naturae
per
Papam
non
tollitur
,
(
which
he
cannot
doe
though
he
would
)
sed
inumbratur
:
and
therefore
saie
they
,
the
dispensation
is
lawfull
[
h
](B13659-e99060-b)
h
Arg.
c.
sedes
de
rescript
.
l.
3.
§.
permit
.
,
an
argument
drawne
from
the
owles
nest
,
and
from
no
place
of
Logike
:
But
the
Emperour
Theodosius
speaketh
onelie
of
a
lawfull
and
honest
consent
,
in
more
modest
tearmes
,
saying
:
Matrimonium
absquè
vlla
pompa
et
celebritate
nuptiarum
,
atquè
adeo
absque
vllis
dotatibus
instrumentis
firmum
est
,
liberique
ex
eo
suscepti
iusti
sunt
:
Heere
the
Emperour
excludeth
pompe
from
mariage
,
but
not
consent
:
Neither
doth
he
admit
concubinage
to
be
mariage
[
i
](B13659-e99090-b)
i
l.
si
donationum
.
22.
c.
de
nup.
.
It
is
now
shewed
that
consent
is
required
by
the
imperiall
Law
to
the
constitution
or
making
of
mariage
.
It
shall
not
be
amisse
to
inquire
,
whether
it
were
necessarie
or
no
by
the
auncient
Law
of
the
Romanes
,
which
was
in
the
time
of
their
florishing
estate
,
the
Law
almost
of
all
the
Nations
of
the
world
,
as
Ouids
speech
importeth
:
Gentibus
est
alijs
tellus
data
limite
certo
Romanae
spatium
est
vrbis
,
&
orbis
idem
[
m
](B13659-e99150-b)
m
Ouid.
2.
Fastor
.
.
And
Claudian
auoucheth
the
same
,
though
he
liued
when
the
Romane
common
weale
was
much
empaired
:
Armorum
legumque
parens
quae
fundit
in
omnes
Imperium
,
primiquè
dedit
cunabulacuris
[
n
](B13659-e99210-b)
n
Claud.
3.
stil
.
.
By
the
auncient
Law
of
the
Romanes
,
if
a
woman
had
been
kept
in
a
mans
house
by
the
space
of
a
yeare
,
he
might
claime
her
as
his
wife
[
o
](B13659-e99230-b)
o
Hotomanus
in
comment
.
ad
duodecim
tabul
.
:
And
by
that
Law
a
man
might
lend
his
wife
to
his
friend
,
for
the
procreating
of
children
[
p
](B13659-e99240-b)
p
Strabo
lib.
11.
Plut.
in
Cat.
Tertul.
in
apologet
.
;
as
Cato
lent
his
wife
for
that
purpose
to
Hortensius
,
which
though
Plutarch
accompt
fabulous
:
yet
Appian
reporteth
it
as
true
[
q
](B13659-e99290-b)
q
Appian
lib.
2.
de
bel
.
ciui
.
,
and
Quintilian
affirmeth
the
same
[
r
](B13659-e99310-b)
r
Quintil.
lib.
2.
c.
5.
.
Neither
is
it
vnlikely
that
it
was
a
custome
practized
of
the
Romanes
:
for
this
lending
of
wiues
was
permitted
by
the
Lawes
of
Lycurgus
:
and
as
Plutarch
reporteth
,
it
was
a
Law
established
by
Numa
[
s
](B13659-e99360-b)
s
Plut.
in
comparat
.
Lyc.
et
Num.
:
A
brutish
Law
doubtles
,
and
one
of
the
maine
errors
of
these
great
common
weale
men
,
who
(
as
the
Apostle
saith
)
became
vaine
in
their
thoughtes
,
and
their
foolish
heart
was
full
of
darkenesse
and
as
they
regarded
not
to
acknowledge
God
,
so
God
deliuered
them
vp
vnto
a
reprobate
mind
to
doe
those
things
which
are
not
conuenient
:
[
t
](B13659-e99380-b)
t
D.
Paul
.
ad
Roman.
1.
v.
2●
&
28.
Now
that
we
haue
shewed
that
consent
is
necessarie
for
mariage
,
it
remaineth
to
bee
declared
how
farre
forth
it
hath
beene
accompted
necessarie
.
When
the
Romane
Empire
was
in
her
infancy
and
first
rising
,
it
seemeth
that
a
verie
slight
consent
would
haue
serued
,
as
may
appeare
by
these
wordes
of
Suetonius
,
writing
the
life
of
Caligula
:
Mar.
L.
Cassio
Longino
,
consulari
collocatam
abduxit
,
et
in
modum
iustae
vxoris
propalam
habuit
.
But
of
the
Emperour
Constantine
furtiue
and
priuy
mariages
are
vtterly
condemned
and
abiudicated
:
[
u
](B13659-e99420-b)
u
l.
vxor
.
7.
Cod.
de
repub.
because
it
is
against
Christianitie
,
to
which
(
the
Lord
therefore
highly
be
praised
)
all
the
nations
of
the
earth
begin
to
open
their
eyes
and
giue
their
free
consent
.
Such
marriages
as
haue
the
publike
testimony
of
the
Church
are
greatly
commended
of
Tertullian
:
Vnde
sufficiam
ad
enarrandam
foelicitatem
eius
matrimonij
,
quod
ecclesia
conciliat
,
&
confirmat
oblatio
,
&
obsignatum
Angeli
renuntiant
,
pater
rato
habet
.
[
a
](B13659-e99440-b)
a
Tertullian
lib.
ad
vxor
.
2.
And
the
Emperour
Leo
hath
determined
that
the
mariages
of
Christians
shold
be
confirmed
by
the
testimony
of
holy
and
ecclesiastical
prayer
,
and
that
these
marriages
which
are
otherwise
contracted
should
not
be
held
for
good
,
and
Harmenopolus
testifieth
that
by
ecclesiasticall
Canons
it
is
prouided
,
That
there
should
be
no
priuie
mariages
,
and
that
no
mariages
should
be
celebrated
out
of
the
Church
:
[
b
](B13659-e99480-b)
b
Harmenop
.
lib.
4.
c.
4.
And
by
the
common
law
as
M.
Fitzherbert
saith
,
a
woman
married
in
a
chamber
shall
not
haue
dower
of
her
husbands
M.
Parkins
peremptorily
affirmeth
,
that
the
lawe
in
his
time
was
directly
to
the
contrarie
,
that
the
law
was
so
in
his
time
,
I
must
take
vpon
M.
Parkins
credit
:
for
I
haue
not
read
(
to
my
remembraunce
)
any
yeare
booke
which
was
written
in
his
time
or
since
,
wherein
that
is
recorded
for
law
,
as
to
that
which
M.
Fitzherbert
saith
,
that
it
seemeth
reasonable
,
how
could
it
seeme
reasonable
vnto
him
,
vnlesse
the
mariage
it selfe
had
seemed
reasonable
,
&
if
he
thought
such
a
mariage
to
be
good
&
lawfull
,
therein
sauing
reformation
hee
failed
,
for
beside
the
authorities
which
immediatly
before
I
haue
cited
,
to
proue
that
mariage
must
be
celebrated
in
a
publike
place
,
and
in
publike
maner
,
it
appeareth
,
that
in
the
Iewish
common
weale
,
that
course
was
followed
in
the
time
of
our
sauiour
,
by
part
of
a
similitude
which
he
vseth
:
Let
your
loines
be
girt
about
&
your
lights
burning
:
&
ye
your selues
like
vnto
men
that
waite
for
their
master
when
hee
wil
returne
from
the
wedding
,
whereby
it
is
manifest
,
that
some
testimony
of
friendes
and
neighbors
is
conuentiones
matrimoniorum
in
ecclesia
promulgentur
.
[
e
](B13659-e99580-b)
e
cap.
4.
extr.
de
cland
.
desp
.
And
this
promulgation
is
in
Lumbardie
called
Bannum
,
[
f
](B13659-e99610-b)
f
c.
cum
tua
extra
despons
.
in
England
the
Banes
,
or
asking
in
the
Church
:
&
by
the
custome
of
diuers
common
weales
,
it
is
called
manasse
,
the
giuing
of
hands
:
[
g
](B13659-e99650-b)
g
in
c.
cum
tua
.
6.
qui
matr
.
accus
.
poss.
&
so
is
the
rule
of
Iustinian
the
Emperour
,
who
saith
,
that
if
any
diuinis
tactis
scripturis
shall
sweare
vnto
a
woman
that
he
will
marrie
her
,
this
saith
he
is
sufficient
for
the
contracting
of
marriage
,
but
yet
there
must
bee
a
publike
celebration
of
the
marriage
according
to
the
rite
&
solemnitie
vsed
in
Christian
churches
:
[
h
](B13659-e99680-b)
h
Iustin
.
Non.
74.
§.
4.
so
then
it
is
in
some
clearenes
that
consent
principally
maketh
mariage
,
as
the
grounde
of
that
strait
societie
,
and
the
celebration
is
as
the
forme
rising
out
of
this
materiall
cause
,
which
maketh
it
to
bee
knowne
,
and
to
bee
publikely
notified
and
ratified
:
for
as
to
the
age
of
the
partie
,
who
is
to
bee
marryed
,
that
hee
shoulde
bee
plenis
nubilis
annis
,
or
that
hee
should
haue
power
of
ingendring
,
vt
iusto
accedat
robur
amori
,
or
that
they
may
bee
equall
in
degree
,
because
dulce
iugum
paritas
,
these
doe
not
make
mariage
,
but
cause
it
to
bee
a
more
conuenient
mariage
,
but
the
consent
that
maketh
mariage
must
be
ouert
and
expresse
:
for
though
the
parties
will
,
doe
appeare
in
a
secret
will
,
and
which
may
onely
be
proued
by
circumstances
,
yet
consent
is
onely
verified
in
an
expresse
&
vnfolded
wil
:
wherefore
D.
Baldus
saith
wel
,
that
a
neutrall
consent
,
which
is
not
demonstrated
by
word
,
nor
by
deed
,
is
not
correspondent
to
the
actes
of
men
,
neyther
doth
it
make
them
essentially
perfect
.
Now
if
any
man
doubt
whether
the
consent
of
the
parties
onely
do
knit
the
marriage
,
or
the
fathers
consent
be
necessarie
,
as
to
that
point
the
ciuill
lawe
,
which
in
this
matter
all
nations
follow
for
the
reasonablenesse
of
it
,
standeth
thus
.
Eorum
qui
in
potestate
patris
sunt
sine
voluntate
eius
matrimonia
iure
non
contrahuntur
,
sed
contracta
non
soluuntur
:
contemplatio
enim
publica
vtilitatis
(
that
is
to
fill
the
Citie
or
common
weale
with
people
)
priuatorum
commodis
praefertur
:
[
k
](B13659-e99750-b)
k
Pant.
l.
2.
senten
.
And
againe
,
Si
forte
pater
concordans
matrimonium
,
that
is
,
a
fit
mariage
)
&
forte
liberis
subnixum
(
that
is
,
confirmed
by
procreation
of
children
)
velit
dissoluere
,
et
certo
iure
patriae
potestatis
turbare
,
sic
erit
res
tractanda
,
vt
patri
persuadeatur
,
ne
acerbe
patriam
potestatem
exerceat
.
[
l
](B13659-e99790-b)
l
lib.
1.
de
lib.
exh
.
The
sixth
Chapter
.
That
by
the
practise
of
all
nations
Democracie
hath
beene
bette
downe
,
and
Monarchie
established
.
DEmocracie
I
haue
alwaies
taken
contrarie
to
the
auncient
diuision
of
Monarchie
,
aristocracie
,
&c.
to
be
no
forme
of
a
common
weale
,
if
it
bee
properly
taken
for
the
equall
sway
of
the
people
without
any
superioritie
:
for
the
heele
can
not
stand
in
place
of
the
head
,
vnlesse
the
bodie
be
destroyed
and
the
anatomie
monstrous
:
it
is
against
the
nature
of
the
people
to
beare
rule
:
for
they
are
as
vnfitte
for
regiment
,
as
a
mad
man
to
giue
counsaile
,
which
Anacharsis
well
perceiuing
did
laugh
at
the
assemblies
and
counsels
of
the
Athenians
,
because
they
did
commit
the
summe
of
their
affaires
to
the
peoples
furie
:
and
Xenophon
writeth
thus
of
the
Athenian
,
that
is
,
his
owne
common
weale
:
I
can
not
allowe
the
state
of
the
Athenians
because
they
embrace
that
forme
of
common
weale
,
in
which
wicked
and
lewde
persons
doe
more
flourish
then
good
men
and
innocent
:
[
a
](B13659-e99880-b)
a
Xenoph.
in
lib.
de
repub.
Atheni
.
which
commonweale
notwithstanding
Bodinus
calleth
vntruely
omnium
popularium
laudatissimam
,
Plutarch
as
vntruely
,
omnium
minime
vituperandam
,
but
if
it
be
true
that
they
say
,
in
how
miserable
estate
are
other
popular
common
weales
,
all
which
(
the
Romane
common-weale
onely
excepted
)
are
farre
short
of
the
Athenian
estate
:
and
Machiauel
did
abuse
his
owne
pen
,
and
the
patience
of
others
,
in
one
place
preferring
Democracy
before
al
other
kinds
of
gouernment
,
[
b
](B13659-e99930-b)
b
Machia
.
in
obseru.
in
Li●i
.
yet
in
another
place
,
shewing
how
he
wold
haue
Italie
restored
to
the
ancient
glorie
and
excellencie
,
he
sheweth
that
that
can
not
be
done
but
by
a
monarchie
,
and
onely
by
the
Popes
monarchie
,
[
c
](B13659-e99950-b)
c
Machiauel
.
in
lib.
de
princip.
c.
9.
in
this
point
accomplishing
the
part
rather
of
a
magician
,
then
a
mathematicke
,
wishing
for
that
which
the
deuill
would
desirously
effect
,
but
imagining
that
which
in
truth
can
neuer
be
:
yet
again
he
departeth
from
this
opinion
,
when
hee
preferreth
the
Venetian
common-weale
before
al
commonweales
.
[
d
](B13659-e99960-b)
d
Machiau
.
in
Liui.
Plato
was
wont
to
call
Democracy
,
Nundinas
populares
,
the
peoples
fayre
:
wherein
euery
thing
was
sold
for
money
.
Aristotle
disagreeing
from
him
in
many
things
,
yet
he
agreeth
with
him
in
this
,
vtterly
condemning
Democracie
,
vsing
not
onely
strong
reasons
of
his
owne
,
but
Homers
authority
for
it
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
and
Maximus
Tyrius
a
worthy
man
in
his
time
,
that
hee
might
domum
ex
luto
facit
,
&
findeth
nothing
more
certain
then
vncertain
accidents
,
&
if
a
man
should
compare
honour
to
vulgar
reputation
,
he
might
as
well
compare
a
course
packthreed
to
the
fine
twist
of
the
silkeworme
,
&
a
garland
of
iuie
to
a
crown
of
gold
:
to
be
straight
way
an
honest
man
,
because
the
multitude
commend
him
,
is
no
more
necessarie
then
that
a
man
should
be
euill
,
because
few
are
like
vnto
him
:
I
wold
rather
like
a
contrary
argument
:
he
is
liked
of
the
most
,
therfore
he
is
not
to
be
followed
of
the
best
:
who
was
more
fauoured
by
the
gretest
part
of
the
Troians
then
the
strumpet
Helena
?
she
that
was
recouered
&
recaried
forsooth
for
her
excellent
beautie
by
so
many
thousand
shippes
,
by
so
many
valiant
&
vnconquered
captains
,
after
the
downfal
of
a
goodly
citie
,
after
the
flames
of
so
many
wars
,
after
so
many
spoiles
,
and
homicides
.
The
people
did
wonder
at
that
paragon
,
as
hauing
excellent
felicitie
to
be
caried
home
in
so
glorious
a
triumph
,
&
to
be
transported
from
Troy
to
Greece
,
from
a
floud
of
hony
to
a
sea
of
nectar
,
being
the
blazing
starre
to
that
famous
warre
which
the
brauest
soldiers
doe
at
this
day
admire
:
At
Capis
&
quorum
melior
sententia
menti
,
what
thought
they
of
this
popular
miracle
?
what
thought
Eneas
?
that
she
was
Troiae
&
patriae
communis
erinnis
:
what
thought
Antenor
,
a
wise
,
iust
,
and
vertuous
nobleman
,
Antenor
censet
belli
praecidere
causam
.
But
if
euery
thing
that
the
common
people
approueth
be
commendable
,
what
is
then
discommendable
?
euen
that
which
deserueth
most
commendation
,
namely
vertue
it selfe
.
When
one
tolde
Antisthenes
that
the
most
part
liked
him
,
hee
demaunded
of
him
incontinent
for
what
vice
they
liked
him
,
as
if
it
were
impossible
that
vertue
should
please
the
common
people
.
Anacharsis
thought
it
verie
inconuenient
that
artificers
should
contend
in
cunning
,
and
these
that
had
no
arte
should
bee
iudges
of
their
cunning
:
by
the
same
reason
they
that
are
not
vertuous
,
can
not
iudge
of
them
that
be
vertuous
,
&
if
they
can
not
iudge
of
them
,
how
can
they
with
conscience
praise
them
:
and
if
not
them
,
how
can
they
with
safe
conscience
praise
others
.
Is
it
not
therefore
a
madnes
to
gape
for
their
suffrage
,
which
are
incompetent
iudges
,
and
to
care
for
their
controlment
which
are
vnsensible
censors
.
Phocion
liked
nothing
that
the
common
people
liked
.
Seneca
thinketh
that
none
can
please
the
people
to
whom
vertue
is
pleasant
.
[
ee
](B13659-e100190-b)
ee
Senec.
epist.
29.
The
multitude
haue
this
prouerbe
verie
rife
in
their
mouthes
(
too
many
to
bee
good
)
and
yet
in
this
glasse
they
can
not
see
themselues
,
as
they
likewise
said
(
●mnia
plena
stultorum
)
forgetting
themselues
.
This
beast
of
many
heades
hath
a
threeforked
tongue
:
with
the
one
part
it
tickleth
the
eares
of
them
whom
they
flatter
:
with
the
other
it
licketh
their
wounds
:
with
the
last
,
and
sharpest
it
pricketh
their
hearts
:
with
the
first
they
flatter
them
,
lulling
their
sences
with
faire
wordes
,
and
with
soft
speeches
sliding
into
the
bosome
by
forgeries
and
fables
:
with
the
other
they
licke
their
woundes
,
excusing
their
crimes
,
extenuating
their
faultes
,
cooling
and
calming
their
rage
,
that
are
incensed
against
them
:
with
the
third
they
pricke
:
for
let
the
popular
idoll
be
once
crushed
,
none
will
sooner
tread
vpon
him
then
the
people
;
&
if
perhaps
they
weepe
for
him
in
this
especially
the
prouerbe
verified
,
lachryma
nihil
citiùs
arescit
:
They
deale
with
their
idols
as
the
diuell
dealeth
with
witches
:
when
they
are
in
prison
they
leaue
them
:
Nay
,
for
the
most
part
none
are
more
proan
and
readie
to
accuse
when
time
serueth
,
then
these
adulatorious
excusers
,
Quo
teneam
vultum
mutantem
protea
nodo
?
The
wayward
people
may
be
iustly
compared
to
a
bundell
of
thornes
,
which
will
beare
vp
a
great
man
,
but
will
pricke
him
if
he
leane
or
lie
vpon
it
:
They
are
like
the
windes
,
which
Neptune
trussed
vp
,
and
deliuered
in
a
bagge
to
Vlisses
[
f
](B13659-e100260-b)
f
Ouid.
in
Metamorph.
,
beeing
sure
as
long
as
the
mouth
of
the
bagge
is
shut
,
but
if
there
be
neuer
so
little
a
chinke
or
riffe
,
they
quicklie
glaunce
out
,
one
raunging
one
way
,
an
other
some
other
way
,
like
to
Samsons
foxes
with
fire-brandes
at
their
tayles
.
What
a
frenzie
is
it
therfore
for
any
to
plant
his
credit
vpon
such
restles
braines
:
as
if
a
man
should
endeuour
to
make
the
sea
solid
,
to
make
mountaines
plaine
,
to
build
a
castle
in
the
aire
,
and
to
measure
a
flies
foote
:
for
these
blind
puppies
,
follies
naturall
children
,
melius
,
peius
,
profit
,
obsit
,
nihil
vident
nisi
quod
lubet
[
g
](B13659-e100290-b)
g
Terenti
.
.
But
who
list
to
know
the
maners
and
practizes
of
the
people
more
fully
,
let
him
bend
the
right
eye
of
his
mind
to
historicall
contemplation
,
then
he
may
see
Verres
accused
and
conuicted
of
diuers
villanies
,
of
notable
spoyles
and
robberies
,
of
a
thousand
excessiue
briberies
at
the
least
,
&
false
iudgements
in
number
more
:
yet
by
plebiscite
or
popular
determination
to
be
quitted
and
freed
,
but
by
the
sentence
of
the
same
Iudges
,
Rutilius
,
Metellus
,
Coriolanus
,
Scipio
the
elder
,
Affrican
,
and
Cicero
,
men
of
rare
vertues
,
are
confined
and
banished
out
of
Rome
:
innocent
Hermodorus
is
thrust
out
of
Ephesus
,
Aristides
chased
out
of
Athens
,
Themistocles
dieth
in
exile
,
Socrates
endeth
his
life
in
prison
:
so
vniust
a
measure
to
good
deserts
is
the
fantasie
of
the
multitude
.
Phocion
a
mirror
of
integritie
,
the
glorie
of
his
time
,
and
the
honour
of
Athens
,
who
was
fortie
and
fiue
times
chosen
by
the
earnest
desire
of
the
people
to
be
their
chiefe
Captaine
,
which
he
administred
to
the
great
good
of
that
estate
:
yet
in
the
end
they
condemned
him
to
death
[
h
](B13659-e100410-b)
h
Plut.
in
Phoci
.
.
But
Antiphon
that
vicious
varlet
,
and
steigne
of
Athens
,
was
by
the
people
absolued
and
acquited
,
as
altogether
innocent
:
which
absolution
Demosthenes
not
brooking
,
did
so
hotely
pursue
the
matter
,
that
he
caused
him
afterward
to
be
condemned
,
and
put
to
death
by
the
decree
of
the
Areopagites
[
i
](B13659-e100460-b)
i
Plut.
in
Demosth
.
.
And
alas
,
what
praise
can
there
be
giuen
to
the
people
for
any
action
commenced
and
caried
by
them
?
did
Rome
florish
by
popular
effectes
?
no
,
Salust
saith
that
the
credit
therof
belonged
to
some
fewe
excellent
gouernors
[
k
](B13659-e100490-b)
k
Salust
in
princip.
Cat●l
.
.
Liuie
saith
,
Sub
vmbra
Scipionis
vrbem
terrarum
dominam
latere
,
nutus
eius
pro
decret
is
patrum
,
pro
populi
iussis
este
:
Vnder
the
shadow
of
Scipio
the
Citie
,
the
Ladie
of
the
word
did
cabbon
,
his
beckes
were
the
decrees
of
the
Senate
,
the
commaundes
of
the
people
[
l
](B13659-e100520-b)
l
Liui.
lib.
30.
.
So
did
the
Thebane
state
a
long
time
florish
,
but
it
was
by
the
wisedome
of
Pelopidas
,
Epamondas
,
and
other
speciall
men
.
So
the
Athenians
hauing
lost
their
prudent
gouernor
Pericles
,
they
lost
the
true
and
essentiall
forme
of
their
Citie
,
which
being
as
a
ship
in
the
middest
of
the
sea
,
without
mast
and
rudder
,
whilest
one
casteth
the
anchor
,
an
other
spreadeth
the
sayle
,
one
keepeth
the
hauen
,
an
other
mooueth
the
sterne
,
all
goeth
sodainlie
to
wracke
[
m
](B13659-e100570-b)
m
Polyb.
lib.
6.
.
Foolish
were
the
Argentinians
,
Lindouians
,
they
of
Seene
,
they
of
Genoway
,
they
of
Florence
,
who
seeking
to
settle
popular
gouernement
,
did
pluck
vp
from
the
roote
their
auncient
nobilitie
,
and
hauing
made
three
degrees
of
Citizens
:
some
great
,
some
meane
,
some
vulgar
;
They
of
the
two
last
rankes
did
vtterlie
subuert
the
gouernement
of
the
first
,
and
then
contending
amongest
themselues
,
did
burne
in
such
furie
one
against
an
other
,
that
streames
of
bloud
did
run
in
the
streetes
,
and
the
state
being
now
couched
,
and
deuolued
to
the
dregges
of
the
people
,
they
neuer
left
of
killing
and
slaughtering
,
till
by
the
aduise
of
the
Pope
,
and
the
neighbour-cities
,
they
had
wholie
submitted
themselues
to
a
straunge
gouernour
[
n
](B13659-e100630-b)
n
Anton
in
.
et
Machiauel
.
in
hist
▪
Flor.
.
Thus
in
the
end
they
came
to
a
Monarchicall
estate
.
And
these
Nations
which
haue
no
resemblance
of
a
citie
in
them
,
do
create
a
Duke
or
Capitaine
,
who
may
gouerne
the
rest
,
and
prescribe
Law
vnto
them
:
as
in
Guzula
a
region
of
Affrike
,
and
in
the
borders
of
the
kingdome
of
Fez
:
They
that
dwell
neare
the
mountaine
of
Maguano
,
if
they
perceiue
any
straunger
passing
by
,
who
excelleth
in
wisedome
,
they
doe
entreat
him
,
or
enforce
him
if
entreatie
will
not
serue
,
to
deuise
Lawes
for
them
[
o
](B13659-e100680-b)
o
Leo
Afer
.
in
lib.
de
reb.
Affric
.
.
The
Romanes
in
all
their
daungerous
accidents
did
acknowledge
the
gouernement
of
one
to
be
the
best
,
and
therefore
chose
a
Dictator
,
whose
gouernement
Appian
pretilie
calleth
regnum
negatiuum
,
either
because
it
denied
a
regall
power
onely
in
shew
,
or
because
he
had
authoritie
to
denie
that
which
the
rest
had
affirmed
.
Trepidi
patres
(
saith
Liuie
)
ad
summum
auxilium
decurrunt
,
dictatorem
dici
placuit
[
p
](B13659-e100740-b)
p
Liui.
lib.
6.
:
And
againe
he
saith
,
that
when
Hanniball
did
molest
Italy
:
ad
dictatorem
dicendum
remedium
iamdiu
desideratum
ciuitas
confugit
[
q
](B13659-e100770-b)
q
Liui.
lib.
22.
,
and
such
was
the
reuerence
of
the
Dictator
,
that
,
as
the
same
Liuy
saith
,
Dictatoris
edictum
pro
numine
semper
obseruatum
[
r
](B13659-e100810-b)
r
Liui.
lib.
6.
.
And
Appius
being
Consull
,
giueth
aduise
to
create
a
Dictator
for
the
brideling
of
the
rage
of
the
people
,
affirming
minas
esse
consulum
,
non
imperium
,
vbi
ad
eos
qui
vnà
peccauerunt
prouocare
liceat
,
agedum
Dictatorem
à
quo
prouocatio
non
est
,
creemus
[
s
](B13659-e100860-b)
s
Liui.
lib.
2.
.
But
Monarchie
hath
been
imbraced
by
the
people
of
all
Nations
,
Democracie
reiected
:
as
namely
,
by
the
Medes
,
Persians
,
Aegyptians
,
Parthians
,
Macedonians
,
Arabians
,
Indians
,
Aethiopians
,
Scythians
,
Tartarians
,
Turkes
,
Danes
,
French
,
Mosconites
,
Polonians
,
Britanes
,
Affricanes
,
and
Perusians
.
The
name
of
a
king
saith
Salust
,
is
primum
in
terris
.
By
scripture
it
appeareth
,
that
kings
were
ordeined
of
God
:
for
it
is
said
in
Deuteronomie
:
Thou
shalt
make
him
king
ouer
thee
,
whom
the
Lord
thy
God
shall
chuse
:
one
from
among
thy
brethren
shalt
thou
make
King
ouer
thee
,
and
thou
maiest
not
set
a
straunger
ouer
thee
,
which
is
not
of
thy
brethren
[
t
](B13659-e100910-b)
t
Deuteron.
17.
vers.
15.
.
And
it
is
said
of
Moses
:
He
was
in
Israel
as
King
when
the
heades
of
the
people
,
and
tribes
of
Israel
were
gathered
together
[
u
](B13659-e100930-b)
u
Deuteronom.
33.
ver.
5.
.
And
aftere
the
returne
of
the
Hebrewes
from
Babylon
,
where
they
were
captiues
,
to
their
auncient
countrie
of
Palestine
,
they
did
obey
the
kinges
of
Persia
,
Syria
,
or
Aegypt
,
till
Iudas
Machabeus
an
Asmonite
did
recoyle
from
Antiochus
the
great
king
of
Syria
,
and
transferred
the
high-pristhood
and
kingdome
into
his
owne
familie
.
And
as
all
Nations
haue
imbraced
Monarchie
,
so
the
wisest
men
in
all
nations
haue
approoued
it
:
As
Homer
[
a
](B13659-e101040-b)
a
Homer
.
lib.
Iliad.
1.
,
Herodotus
[
b
](B13659-e101060-b)
b
Herodot
.
lib.
5.
,
Plato
[
c
](B13659-e101080-b)
c
Plat.
in
politic
.
,
Aristotle
[
d
](B13659-e101100-b)
d
Lib.
vlt.
Metaphisic
.
,
Xenophon
[
e
](B13659-e101120-b)
e
Xenoph.
in
cyrop
.
,
Plutarch
,
Philo
[
f
](B13659-e101140-b)
f
Plut.
in
lib.
de
creati
.
Regis
.
,
Apollonius
Thyanaeus
[
g
](B13659-e101160-b)
g
Philostratus
.
,
S.
Ierom
,
S.
Cyprian
,
Maximus
Tyrius
[
h
](B13659-e101180-b)
h
Maxim
.
Tyri
.
in
orat
.
,
and
Bartolus
the
deepe
Ciuilian
[
i
](B13659-e101200-b)
i
Bartol.
in
tractat
.
de
Regim
.
ciuit
.
nu.
10.
,
Lucan
[
k
](B13659-e101220-b)
k
Luca.
lib.
1.
et
2.
,
Aquinas
[
l
](B13659-e101240-b)
l
Aquinas
in
lib.
de
princip.
,
Erasmus
[
m
](B13659-e101260-b)
m
Erasm.
in
lib.
de
instit
.
princip.
,
Tacitus
,
S.
Augustin
[
n
](B13659-e101280-b)
n
D.
Augustin
.
lib.
5.
de
ciuit
.
dei
c.
1.
,
and
S.
Ambrose
whose
particular
and
plenarie
assertions
I
omit
,
because
I
hasten
now
to
an
other
matter
which
hath
not
been
so
much
discoursed
of
as
this
.
The
seuenth
Chapter
.
Of
the
Law
and
Iustice
of
Armes
,
of
Leagues
,
of
Embassages
,
and
denouncing
of
Warre
,
of
Truce
,
of
Safeconduct
,
Captiues
,
Hostages
,
Stratagems
,
and
Conquestes
,
according
to
the
Law
of
Nations
.
IN
purposing
to
speake
at
large
of
the
Law
of
Armes
,
and
the
members
and
parcels
thereof
,
I
doe
respect
the
good
of
the
Ciuilian
,
who
in
these
matters
is
verie
often
employed
:
And
of
the
professors
of
common
Law
,
who
shall
not
doe
amisse
,
in
considering
of
these
thinges
that
shall
be
deliuered
,
for
the
more
full
opening
and
explaning
of
the
Statute
of
13.
Rich.
2.
cap.
2.
which
is
thus
:
To
the
Constable
and
Marshall
it
belongeth
to
haue
conusans
and
knowledge
of
contractes
,
touching
feates
of
Armes
,
and
of
warre
;
out
of
the
Realme
,
and
also
of
such
thinges
as
touch
Armes
or
Warre
within
the
Realme
,
which
can
not
be
determined
,
nor
discussed
by
the
Common
Law
&c.
For
the
better
entring
into
this
discourse
,
I
thinke
it
best
to
begin
with
the
definition
of
Warre
,
which
may
be
thus
:
Warre
is
a
iust
contention
of
men
armed
for
a
publike
cause
,
for
though
manie
thinges
be
done
in
warre
without
weapons
,
yet
there
is
no
warre
without
the
furniture
of
weapons
,
and
there
is
nothing
in
warre
which
doth
not
lie
hidden
as
it
were
vnder
the
safegard
of
Armes
,
and
which
may
not
be
referred
to
the
same
:
And
it
must
be
a
publike
contention
,
because
warre
is
not
the
quarrelling
fight
and
enmitie
of
priuate
men
:
for
warre
is
therefore
called
Duellum
,
because
it
is
the
contention
of
two
equall
persons
[
a
](B13659-e101380-b)
a
Varr.
lib.
6.
de
lingu
.
lati
.
:
And
therefore
the
Syrians
(
as
I
am
infourmed
)
doe
thus
translate
the
wordes
of
our
Sauiour
:
What
king
goeth
to
warre
against
an
other
king
[
b
](B13659-e101410-b)
b
Luc.
14.
,
in
this
forme
:
What
king
goeth
to
warre
against
his
fellow
king
:
that
is
an
other
king
equall
vnto
him
:
Therefore
Lipsius
his
definition
is
to
bee
disliked
,
in
that
he
defineth
,
Warre
to
bee
force
and
armes
against
a
straunge
Prince
or
people
[
c
](B13659-e101450-b)
c
Lipsi
.
in
polit.
:
for
by
that
hee
maketh
the
outrage
and
violence
of
priuate
men
and
pyrates
to
bee
warre
:
for
warre
is
a
iust
contention
,
and
by
this
woord
(
iust
)
excursions
and
depraedations
are
excluded
:
Wherefore
Scipio
did
accompt
them
robbers
and
ringleaders
to
theefes
;
which
did
deale
by
such
kind
of
spoyle
and
pillage
[
d
](B13659-e101480-b)
d
Liui.
lib.
28.
40.
41.
Flor.
2.
.
And
Liuie
censureth
the
Ligurians
rather
to
be
robbers
then
iust
enemies
,
because
beeing
poore
at
home
,
they
did
inuade
the
dominions
of
others
,
and
were
more
easilie
ouercome
then
founde
out
:
Neither
did
they
obserue
the
Law
of
Armes
,
because
they
did
slaie
captiues
,
and
cruellie
dismember
them
.
And
Iouius
speaking
of
the
truce
betwixt
the
Turkes
and
Hungarians
saith
,
that
by
an
auncient
custome
,
they
did
make
small
skirmishes
and
extraordinarie
incursions
vpon
the
borders
,
if
they
were
not
resisted
by
the
preparation
of
Ordinance
planted
against
their
walles
[
e
](B13659-e101550-b)
e
Ioui
.
lib.
36.
.
Warre
was
first
brought
in
by
necessiitie
,
for
in
that
decisions
of
Courtes
of
Law
,
and
the
determining
of
controuersies
by
their
rules
,
could
not
be
betwixt
two
straunge
Princes
of
aequall
power
,
vnlesse
they
should
willinglie
agree
to
such
an
order
,
because
they
haue
no
superior
nor
ordinarie
Iudge
,
but
are
supreme
,
and
publike
persons
:
therefore
the
iudgement
of
armes
is
necessarie
because
such
warre
(
saith
Demosthenes
)
is
against
them
which
can
not
bee
brideled
by
Law
[
f
](B13659-e101570-b)
f
Demosth
.
de
Cherson
.
;
But
processe
of
suit
is
onelie
for
them
which
are
subiect
:
For
as
there
be
two
kindes
of
contention
;
one
by
triall
of
Law
;
the
other
by
triall
of
Armes
:
so
we
may
not
vse
the
later
,
if
we
may
haue
helpe
by
the
former
.
This
was
the
cause
that
the
Romanes
were
wont
to
mooue
them
,
with
whom
they
dealt
,
that
their
quarrels
might
be
ended
by
mutuall
debating
,
and
course
of
iudgement
,
rather
then
by
blowes
,
and
weapons
.
And
so
the
Ardeates
,
and
Aricines
,
the
Neapolitanes
,
and
Nolanes
did
referre
their
controuersies
to
the
iudgement
of
the
Romanes
[
g
](B13659-e101640-b)
g
Liui.
3.
Dionys.
vlt.
Cicer.
1.
de
offic.
.
So
the
Samnites
did
prouoke
the
Romanes
to
debate
their
common
cause
betwixt
their
common
friendes
[
h
](B13659-e101670-b)
h
Liui.
lib.
8.
.
And
Archidamus
said
,
that
it
was
not
lawfull
to
wage
battaile
against
them
which
did
offer
themselues
to
bee
ordered
by
peaceable
iudgement
:
[
i
](B13659-e101690-b)
i
Thucid.
l.
1.
and
Cyrus
who
is
proposed
as
a
patterne
of
an
excellent
prince
,
by
Xenophon
,
a
principall
Philosopher
and
very
wise
Gouernor
maketh
the
king
of
the
Indians
an
Vmpier
betwixt
himselfe
,
and
the
Monarch
of
Assiria
:
[
k
](B13659-e101730-b)
k
Xenoph.
Cyropaed
.
2.
therfore
they
which
flie
from
this
peaceable
kind
of
triall
,
which
is
nothing
els
but
a
disseptation
of
of
words
and
reasons
do
digresse
from
iustice
,
humanity
,
&
commendable
examples
:
but
it
is
good
to
bee
prouided
for
armes
,
when
the
parties
will
not
tollerate
indifferent
hearing
of
the
cause
,
which
the
poets
seeme
to
haue
signified
when
they
feygned
Chiron
the
Centaure
,
whose
vpper
part
did
resemble
a
man
,
the
inferior
part
a
horse
,
to
be
tutor
to
Achilles
,
[
l
](B13659-e101760-b)
l
Statius
Achilles
lib.
1.
that
they
might
giue
vs
to
vnderstand
,
that
when
a
controuersie
could
not
be
moderated
by
reason
,
the
strength
of
the
horse
should
be
vsed
:
for
against
them
,
which
will
not
be
ruled
by
equitie
and
reason
,
force
is
not
vniust
.
But
(
as
Scipio
said
a
gouernor
in
warr
ought
like
a
Phisitian
to
vse
iron
and
launcing
in
the
last
place
;
[
m
](B13659-e101780-b)
m
Plut.
in
apophth
.
And
as
to
the
bearing
of
armes
,
it
is
certaine
&
manifest
,
that
priuate
men
,
and
people
subiect
,
and
inferiour
princes
,
haue
no
such
necessitie
to
make
triall
by
battaile
,
because
they
may
pursue
their
right
by
other
lawfull
meanes
in
some
court
of
iustice
:
neither
haue
priuate
men
any
authority
to
assemble
a
multitude
.
It
is
Pl●●es
law
,
Si
quis
prinatim
sine
publico
scitu
pacem
b●●●●ue
fecerit
capital
esto
:
[
n
](B13659-e101810-b)
n
Plut.
lib.
vit.
▪
de
legi
.
If
any
man
priuately
without
publike
knowledge
doe
make
warre
or
peace
let
it
be
capitall
vnto
him
:
for
it
belongeth
to
the
power
of
the
supreme
gouernor
to
make
warre
or
peace
:
[
o
](B13659-e101830-b)
o
Deci.
cong
.
20.
and
therefore
by
the
law
of
Iulius
it
was
high
treason
for
any
to
leuie
armes
without
the
consent
or
command
of
the
prince
,
[
p
](B13659-e101850-b)
p
l.
3.
ad
l.
Iu.
ma.
&
the
Romanes
did
thinke
it
conuenient
to
yeeld
such
a
man
into
the
hands
of
them
whom
hee
had
prouoked
by
weapons
:
[
q
](B13659-e101860-b)
q
Appian
.
&
Plut.
in
cat
.
mi.
and
vppon
such
occasion
they
demanded
the
person
of
Annibal
:
and
so
the
Philistines
vpon
like
cause
demaunded
Sampson
,
to
whome
the
Iewes
yeelded
him
;
[
r
](B13659-e101890-b)
r
Iudic.
15.
and
Cato
thought
that
the
army
was
to
be
recalled
,
&
Caesar
to
bee
yeelded
vp
into
the
enemies
power
,
because
he
maintained
warre
in
Fraunce
without
the
warrant
of
the
people
,
in
whose
handes
the
commandement
of
warre
and
peace
was
:
[
s
](B13659-e101930-b)
s
Liui.
lib.
4.
16.
18.
19.
but
without
vrgent
cause
and
lawfull
authoritie
there
should
be
no
taking
of
armes
or
raysing
of
multitude
,
&
therfore
it
is
well
prouided
by
the
statutes
of
the
two
soueraigne
Queenes
&
sisters
,
Marie
&
Elizabeth
of
England
:
That
no
man
without
authoritie
,
by
ringing
of
any
bell
,
or
by
sounding
of
any
drumme
,
trumpet
or
horne
,
or
any
other
instrument
,
by
the
fiering
of
any
beacon
,
or
any
other
instrument
,
&c.
with
force
and
armes
shall
alter
any
lawes
or
statutes
.
[
t
](B13659-e101970-b)
t
1.
Mari.
parliam
.
1.
c.
12.
1.
Eliz.
c.
7.
And
in
ancient
times
kings
had
the
supremacie
ouer
other
,
of
commaunding
or
commencing
war
,
and
of
m●stering
men
,
as
appeareth
by
the
sacred
historie
●et
sometime
vpon
a
great
or
L.
Pinarius
,
who
was
the
captain
of
a
garrison
at
Enna
in
Sicely
,
who
when
he
did
foresee
the
reuolt
&
defection
of
the
citizens
of
Enna
to
the
Carthaginians
,
and
hee
could
not
conueniently
send
ambassadors
to
the
Consul
Marcellus
,
though
he
were
not
far
from
thence
,
suddenly
he
did
kil
all
the
citizens
,
by
which
act
Enna
was
still
reteigned
for
the
Romanes
,
&
Marcellus
did
not
disallow
the
deed
:
[
a
](B13659-e102060-b)
a
Liui.
lib.
24.
therefore
Cicero
commendeth
the
enterprise
of
Octauius
Caesar
,
who
not
expecting
the
decree
of
the
Senate
,
did
of
his
own
head
vndertake
war
against
Antonius
:
for
the
time
of
consultation
was
not
yet
come
,
but
if
he
had
them
omitted
the
time
of
battel
,
he
did
well
foresee
that
the
common
weale
being
oppressed
,
nothing
could
bee
decreed
by
Senate
:
[
b
](B13659-e102100-b)
b
Cice.
Philip.
pic.
8.
and
the
Senate
did
after
allow
by
publike
authority
the
war
vndertaken
by
Octauius
of
his
owne
priuate
aduise
:
[
c
](B13659-e102120-b)
c
Cic.
Philip.
5.
so
Scipio
Nasica
did
deserue
exceeding
commendation
,
who
did
voluntarily
offer
himself
a
captain
to
all
good
Romans
for
the
oppressing
of
Ti.
Gracchus
,
together
with
his
treacherous
confederates
.
[
d
](B13659-e102150-b)
d
Valeri
.
Maxi.
lib.
3.
c.
1
Appi.
de
bel
.
ciui
.
lib.
1.
For
it
is
necessarie
(
as
Cicero
sayth
)
in
such
perturbation
and
tumult
rather
to
obey
times
then
customes
:
for
in
peace
wee
must
follow
custome
,
in
warre
profite
:
but
nowe
as
to
the
iustice
of
warres
,
a
belluis
,
as
some
doe
imagine
,
it
should
seeme
to
be
vndecent
and
discrepant
from
the
nature
of
man
.
Heare
of
that
matter
Sencea
:
Wee
punish
homicides
and
particular
murders
,
why
doe
wee
not
punish
wares
and
the
glorious
sinne
of
people
slaughtered
.
Couetousnes
&
crueltie
know
no
measure
:
By
Senate-counsell
and
popular
assent
bloody
actions
are
executed
and
publikely
commaunded
,
which
are
priuately
forbidden
.
[
f
](B13659-e102210-b)
f
Senec.
epist.
96.
Men
,
a
mild
kind
of
creature
,
are
not
ashamed
to
boast
of
bloudshed
,
when
as
dumbe
and
reasonlesse
creatures
haue
peace
amongst
themselues
.
[
g
](B13659-e102220-b)
g
Cuia
.
Critic
.
not.
1.
&c.
2.
de
cla
.
desp
.
Lipsi
.
2.
mili
.
Rom.
12.
And
at
the
first
sight
this
is
a
great
argument
,
that
if
dumb
creatures
,
which
can
not
debate
the
causes
of
their
anger
haue
peace
amongst
themselues
,
how
much
more
ought
men
to
doe
the
like
,
vnlesse
they
will
be
more
beasts
then
the
beasts
themselues
.
Cyprian
hath
the
like
saying
:
Homecide
when
particular
men
doe
it
is
accompted
a
fault
:
when
it
is
publikely
done
it
is
accounted
a
vertue
the
greatnes
of
crueltie
not
the
reason
of
innocencie
doeth
purchase
impunitie
and
pardon
.
And
fitly
to
the
same
purpose
,
though
not
purposely
for
the
same
:
Lawes
haue
agreed
to
sinnes
,
and
that
is
admitted
to
bee
lawfully
which
is
publike
:
[
h
](B13659-e102260-b)
h
Cypr.
2.
ep.
2
And
Seneca
againe
,
Small
theftes
are
punished
,
great
are
caried
in
triumph
.
[
i
](B13659-e102290-b)
i
Senec.
ep.
88
Tertullian
saith
,
that
wrong
is
proper
to
warre
,
and
as
farre
as
his
authoritie
stretcheth
,
prohibiteth
battaile
to
Christians
:
[
k
](B13659-e102310-b)
k
Tertullia
.
adu
.
Iud.
but
sithence
the
time
of
Tertullian
,
these
opinions
haue
beene
confuted
of
Diuines
,
Ciuilians
,
and
Philosophers
:
for
warre
is
according
to
lawe
though
many
mischeefes
do
steigne
it
:
for
there
doeth
ensue
good
of
it
when
rebels
are
reduced
to
obedience
,
and
when
peace
is
accorded
:
and
that
whose
end
is
good
,
is
also
good
it selfe
:
for
the
end
of
war
is
peace
,
to
which
and
to
common
equitie
without
bloudshed
,
and
these
iniuries
of
warre
men
do
seldome
attain
.
Neither
doth
Seneca
disalow
all
warres
:
for
he
praiseth
the
warres
of
Hercules
:
[
l
](B13659-e102350-b)
l
Senec.
lib.
1.
de
benefi
.
as
to
Tertullians
saying
,
hee
did
speak
it
vpon
the
consideration
of
such
things
which
are
vniust
,
and
are
often
done
in
warre
,
not
impeaching
that
which
is
vsually
done
of
them
that
be
iust
:
to
Lactantius
&
Cyprian
answere
may
be
made
after
the
same
sort
.
Notwithstanding
I
would
not
haue
this
poyson
of
war
admitted
into
any
commonweale
,
vnlesse
it
be
to
expell
an
other
poison
:
nor
this
furie
to
be
let
loose
,
vnlesse
it
bee
to
coole
the
furie
of
others
,
or
vpon
like
necessitie
.
But
now
let
vs
sift
the
precedent
definition
of
warre
more
narrowly
,
and
consider
how
warre
may
bee
iustly
maintained
on
both
sides
:
which
both
Diuines
&
Ciuilians
[
m
](B13659-e102390-b)
m
Conua
.
reg.
peccat
.
§.
18.
Soto
.
5.
de
iust
.
q.
1.
7.
view
.
relect.
haue
thus
expounded
,
saying
that
it
may
bee
truely
and
verily
iust
on
the
one
side
,
&
on
the
other
by
ignorance
,
as
by
the
voice
of
God
the
Iewes
did
iustly
moue
warre
against
the
Cananites
,
and
the
Cananites
did
iustly
resist
the
Iewes
,
not
knowing
God
his
will
and
defending
themselues
:
and
therefore
it
was
well
said
of
Pope
Pius
the
second
to
the
embassadors
of
the
king
of
Hungarie
,
who
did
speake
against
the
Emperour
,
that
he
thought
the
king
of
Hungarie
would
not
depart
from
right
and
reason
,
and
hee
knew
likewise
that
the
Emperour
was
a
louer
of
iustice
,
howsoeuer
nowe
they
did
discent
by
warre
,
and
that
neither
of
them
thought
that
hee
had
an
vniust
cause
of
warre
.
[
n
](B13659-e102430-b)
n
Com.
Pij
.
2.
lib.
3.
Cicero
speaketh
fittely
to
this
purpose
of
the
faction
of
Caesar
and
Pompey
:
There
was
some
obscuritie
,
there
was
variance
betwixt
two
excellent
Captaines
:
many
doubted
what
was
the
best
,
many
what
was
expedient
for
them
,
many
what
was
decent
,
some
,
what
was
lawfull
:
[
o
](B13659-e102470-b)
o
Cice.
pro.
Marcel
.
but
the
Ciuil
law
doth
attribute
the
rightes
of
warre
vnto
both
parties
,
the
things
that
be
possessed
by
warre
it
giueth
to
the
possessor
:
captiues
it
maketh
bond
seruants
to
both
.
Now
it
is
conuenient
to
discend
into
a
more
particular
consideration
of
the
causes
of
warre
,
which
must
not
be
attempted
onely
vpon
an
immoderate
desire
of
enlarging
dominions
or
increasing
riches
.
To
assault
thy
neighbours
by
warre
(
saith
Augustine
)
and
to
vexe
people
that
doe
thee
no
hurt
through
an
ambitious
desire
,
what
is
it
els
but
a
great
robberie
.
[
p
](B13659-e102500-b)
p
D.
August
.
in
.
4.
de
ciuitat
.
Dei
.
Therefore
the
saying
of
the
Barbarian
was
as
barbarous
as
himselfe
:
That
is
most
iust
in
prosperous
fortune
,
which
is
most
forcible
,
and
that
it
belongeth
to
a
master
of
a
familie
to
keepe
his
own
but
to
a
king
to
contend
for
that
which
other
men
possesse
.
But
Attila
which
did
not
attend
any
cause
or
occasion
of
warre
,
did
therefore
worthely
dedeserue
the
hatred
of
all
men
as
being
an
enemie
to
[
r
](B13659-e102540-b)
r
Ior.
de
o●
.
but
the
Turkes
do
otherwise
,
who
most
commonly
pretend
a
cause
of
warfare
:
and
therfore
Soliman
when
hee
endeuoured
to
winne
the
kingdome
of
Cyprus
from
the
Venetians
beganne
to
consider
what
pretenses
he
might
make
for
the
taking
of
armes
,
because
it
is
not
(
as
one
saith
)
the
custome
of
the
Ottomans
vpon
a
rage
or
heate
of
mind
to
enterprise
warre
.
[
s
](B13659-e102570-b)
s
Natal
.
com
.
lib.
1.
It
is
a
beastly
part
hauing
receiued
no
iniurie
,
to
commit
slaughters
of
men
,
and
depopulations
of
cities
and
countries
:
therefore
princes
many
times
pretende
causes
of
war
,
where
in
truth
there
is
no
cause
.
And
Moyses
sought
for
a
good
cause
of
quarrelling
with
the
Emorites
,
though
hee
had
a
cause
absolutely
iust
,
namely
the
commandement
of
God
.
For
when
by
vertue
of
the
same
commandement
he
was
to
make
warre
against
the
Emorites
,
&
vtterly
to
destroy
them
,
hee
sent
messengers
to
their
king
which
might
signifie
thus
much
:
I
will
passe
by
thy
land
,
we
will
not
turne
into
thy
field
nor
vineyard
,
nor
drinke
the
water
of
thy
well
,
wee
will
keepe
the
right
path
vntill
we
be
past
thy
borders
.
Therefore
let
there
be
a
cause
of
warre
,
and
let
it
be
no
small
cause
:
for
parum
a
nihilo
vix
distat
.
And
as
Propertius
saith
:
Frangit
&
attollit
vires
in
milite
causa
,
Quae
,
nisi
iusta
subest
,
excutit
arma
pudor
.
Iust
cause
of
warre
is
the
defence
of
our
countrie
,
our selues
,
our
friends
,
our
fellowes
,
&
goods
.
A
defensiue
warre
is
grounded
vpon
the
lawe
of
Nature
,
therefore
C.
Pontius
the
Captaine
of
the
Samnites
said
well
,
That
warre
was
iust
vnto
them
,
to
whom
it
was
necessarie
,
and
that
their
armes
are
honest
which
haue
no
hope
of
safetie
but
in
weapons
.
Likewise
it
is
a
iust
warre
which
is
taken
in
hand
for
the
recouerie
of
thinges
wrongfully
,
and
by
force
taken
from
vs
by
our
enemies
:
[
t
](B13659-e102680-b)
t
c.
iustum
.
q.
2
August
.
q.
10.
sup.
Iosu
.
lib.
2.
or
that
the
authors
of
the
iniurie
,
at
least
,
may
be
yeelded
vp
into
our
hands
to
bee
punished
,
if
they
did
it
not
by
publike
decree
,
but
by
priuate
malice
:
therfore
Dauid
after
the
death
of
Saule
did
maintain
warre
against
Isboseth
the
sonne
of
Saule
,
who
did
go
about
to
vsurpe
the
kingdome
of
Israel
,
which
God
by
Samuel
the
Prophet
had
giuen
vnto
Dauid
:
[
u
](B13659-e102760-b)
u
2.
Reg.
c.
2.
and
Romulus
did
therefore
fight
against
the
Sabines
,
because
their
Dictator
Cluitius
would
not
restore
the
things
taken
from
the
Romanes
by
violence
,
nor
yeelde
vp
into
his
handes
them
that
did
wronge
.
[
a
](B13659-e102790-b)
a
Dionis
.
Halicarn
.
lib.
3.
And
the
reuenge
of
an
iniurie
most
despightfully
done
,
is
likewise
a
good
cause
of
warre
:
Therefore
Dauid
did
iustly
wage
battell
against
the
King
of
the
Ammonites
for
the
disgrace
and
abuse
offered
to
his
ambassadors
:
[
b
](B13659-e102810-b)
b
2.
Regu
.
c.
20
&
duob
.
sequenti
.
and
that
prince
hath
iust
cause
of
warre
,
who
pursueth
by
armes
rebelles
and
such
as
swarue
from
obedience
:
[
c
](B13659-e102820-b)
c
c.
auctor
.
it
.
vs
.
quaesti
.
6.
cap.
scir
.
103.
quaest.
8.
for
great
iniury
is
done
to
God
,
and
to
the
prince
,
when
his
subiectes
will
not
be
ordered
,
nor
ruled
by
his
authoritie
:
for
there
is
no
power
but
of
God
,
and
he
that
resisteth
power
as
S.
Paul
saith
,
resisteth
the
ordinance
of
God
[
d
](B13659-e102830-b)
d
Ep.
ad
Roman
.
c.
13.
,
and
the
iniurie
done
to
a
soueraigne
Magistrate
,
is
done
vnto
God
:
Who
said
vnto
Samuell
,
of
whom
the
people
craued
an
other
king
:
They
haue
not
cast
off
thee
,
but
me
,
that
I
may
not
reigne
ouer
them
[
e
](B13659-e102860-b)
e
1.
Reg.
c.
8.
.
And
Dauid
did
wage
battaile
against
Seba
the
sonne
of
Bochri
,
who
solicited
the
people
to
reuolt
from
Dauid
to
him
[
f
](B13659-e102910-b)
f
2.
Reg.
c.
20.
.
But
because
a
Rebell
may
not
properlie
be
called
an
enemie
,
when
any
such
armes
are
borne
against
rebels
,
it
is
not
to
be
called
a
warre
,
but
an
exercise
of
princelie
iurisdiction
,
vpon
traiterous
and
disloiall
persons
[
g
](B13659-e102920-b)
g
Innocent
.
in
c.
olim
1.
de
resti
.
sp.
et
l.
,
which
was
well
declared
by
Pompey
,
in
iustifying
the
warre
mainteined
by
the
Senate
against
Caesar
,
and
his
complices
[
h
](B13659-e102950-b)
h
Lucan
.
lib.
2.
:
—
nequè
enim
ista
vocari
Praelia
iusta
decet
,
patriae
sed
vindicis
iram
.
And
this
is
confirmed
by
Ciceroes
opinion
,
who
did
not
think
it
conuenient
to
send
Embassadors
to
Anthonie
,
nor
to
intreat
him
by
wordes
,
but
that
it
were
meete
to
enforce
him
by
armes
to
raise
his
siege
from
Mutina
:
for
he
said
that
they
had
not
now
to
deale
with
Anniball
an
enemie
to
their
common
weale
,
but
with
a
rebellious
Citizen
[
i
](B13659-e103030-b)
i
Cicer.
philipp
.
5.
.
And
the
said
Cicero
writeth
also
to
Plancus
,
that
peace
ought
not
to
be
concluded
with
the
Anthonians
,
who
had
besieged
Brutus
at
Mutina
,
calling
them
shamefull
theefes
,
which
either
ought
to
craue
peace
,
laying
aside
their
Armour
,
or
if
they
will
persist
in
their
furie
to
obteine
it
by
fight
,
not
by
composition
[
k
](B13659-e103090-b)
k
Cicer.
lib.
10.
epistol.
episto
.
6.
:
Wherefore
it
was
vnaduisedly
done
by
the
late
Earle
of
Essex
,
in
admitting
anie
article
of
composition
with
Tyrone
,
and
namelie
for
the
restitution
of
such
landes
and
possessions
,
to
which
the
Rebels
might
pretende
right
before
the
rebellion
:
for
so
vpon
euery
iudgement
giuen
against
them
,
they
would
presentlie
haue
retourned
to
weapons
.
And
this
slipperie
reuolution
of
titles
,
might
perhappes
haue
stirred
them
to
Armes
,
who
were
in
peaceable
possession
of
these
lands
:
so
that
this
would
haue
been
nothing
else
,
but
a
cutting
off
of
one
of
the
heads
of
Hydra
,
that
an
other
might
growe
:
for
surelie
there
will
alwayes
bee
some
cause
and
occasion
of
tumult
,
if
men
may
bringe
into
question
,
antiqua
et
antiquata
.
The
Romanes
would
graunt
nothinge
at
all
to
Rebelles
,
beecause
theyr
course
was
to
bee
sterne
to
the
proude
,
and
rebels
in
that
they
are
rebels
are
proude
in
the
highest
degree
:
Neither
ought
anie
of
their
kinred
to
regarde
them
,
but
to
bee
of
Seneca
his
resolution
:
Si
arma
quis
patriae
meae
inferret
,
quidquid
de
me
meruerat
perdidit
,
&
referre
illi
gratiam
scelus
haberetur
[
l
](B13659-e103170-b)
l
Senec.
lib.
vlt.
de
beni
fi.
.
And
exccellent
is
the
saying
of
Fredericke
the
second
to
the
Fauentines
:
Qui
dum
potest
delinquit
,
dignus
est
vt
quantum
potest
puniatur
[
m
](B13659-e103200-b)
m
Sigoni
.
lib.
18.
de
re.
Ital●
.
.
But
to
returne
to
the
causes
of
Warre
;
There
be
some
causes
of
making
warre
,
which
wee
referre
to
God
,
as
commaunding
warre
;
as
when
the
Iewes
did
referre
to
God
the
cause
of
the
warre
mooued
against
the
Cananites
[
n
](B13659-e103230-b)
n
Deut.
34.
4.
Exod.
23.
29.
Num.
33.
51.
Deut.
20.
16.
17.
18.
.
And
God
denounceth
irreconciliable
warre
against
the
Amalekites
,
and
he
chargeth
his
people
with
perpetuall
enmitie
against
them
[
o
](B13659-e103250-b)
o
Exod.
17.
.
That
kinde
of
Warre
(
saith
Augustine
is
without
all
doubt
iust
,
which
God
doth
commaunde
,
with
whom
there
is
no
iniquitie
,
and
who
knoweth
what
ought
to
bee
done
to
euerie
man
,
in
which
action
the
armie
is
not
so
much
to
bee
accompted
the
authour
of
warre
,
as
the
minister
thereof
[
p
](B13659-e103280-b)
p
August
.
in
Ios.
q.
10.
.
And
so
the
Prophet
Esaie
said
,
that
it
was
not
necessarie
for
king
Ezechias
to
aunsweare
anie
thinge
to
the
Embassadours
of
the
Philistines
of
the
Israelites
right
in
Palestine
,
but
onelie
this
,
That
God
would
haue
that
land
to
bee
his
peoples
[
q
](B13659-e103330-b)
q
Esai
.
15.
:
Naie
,
the
verie
Heathen
as
the
Aethiopians
did
vndertake
euerie
warre
by
the
Oracle
of
Iupiter
[
r
](B13659-e103360-b)
r
Herodot
.
lib.
2.
.
And
the
Spartanes
by
lottes
and
miracles
,
were
mooued
to
make
warre
and
to
fight
with
the
Argiues
[
s
](B13659-e103390-b)
s
Xenopl●
.
4.
Graec.
.
And
Aeneas
commeth
into
Italie
to
maintaine
warre
by
destinies
,
and
Oracles
[
t
](B13659-e103420-b)
t
Nat.
com
.
6.
14.
.
And
the
Turkes
doe
alwaies
pretende
this
cause
of
their
warre
,
that
it
is
the
commaundement
of
Mahomet
,
that
they
should
persecute
men
of
diuerse
Religion
:
therefore
they
and
the
Persians
,
the
one
seeming
haereticall
to
the
other
,
are
in
continuall
warre
.
And
the
late
king
of
Spaine
Phillip
,
did
pretende
this
defence
of
his
warres
(
as
some
testifie
)
that
they
were
against
Infidels
,
and
Heretikes
[
u
](B13659-e103470-b)
u
Ferrat
.
de
inimic
.
§.
7.
et
17.
.
Yet
a
Doctor
of
his
owne
sect
Baltasar
Ayala
thinketh
that
warre
is
not
to
be
leuied
against
Infidels
,
because
they
be
Infidels
,
although
the
Emperor
or
Pope
should
commaund
it
:
for
their
infidelitie
doth
not
depriue
them
of
these
demesnes
,
which
[
x
](B13659-e103510-b)
x
Genes.
c.
1.
Exod.
9.
29.
Psal.
24.
1.
.
And
the
Lord
maketh
his
Sunne
to
shine
both
vpon
the
good
and
the
bad
[
y
](B13659-e103520-b)
y
Math.
5.
in
fin
.
et
c.
6.
in
princip.
,
and
though
Nabuchadnezer
were
an
Infidell
,
yet
the
Lord
did
giue
vnto
him
kingdome
and
principalitie
[
z
](B13659-e103540-b)
z
Ierem.
27.
6.
.
But
in
grounding
warre
vpon
diuine
causes
,
it
is
good
to
be
certaine
of
God
his
will
,
and
not
to
credit
the
aequiuocall
prophecies
and
fantasies
of
men
light-headed
and
possest
of
fierie
spirits
,
fit
to
kindle
tumults
and
vprores
:
for
the
warrants
of
such
men
are
nothing
els
,
but
the
wracke
of
a
number
of
men
.
Such
was
the
oracle
of
that
Scot
vnto
his
king
,
consulting
with
him
of
warre
against
England
,
Ibis
,
redibis
,
nunquam
in
bello
moriturus
,
which
fell
out
afterward
to
be
true
,
being
thus
distinguished
:
Ibis
,
redibis
nunquam
in
bello
moriturus
.
Such
was
the
warrant
of
the
Eremit
,
moouing
the
imperiall
armie
to
fight
against
the
Ligurians
[
zz
](B13659-e103590-b)
zz
Carol.
S●gon
in
vit.
Andr
.
Anti.
.
Such
were
the
fond
prophecies
of
Ball
,
or
according
to
some
Chronicles
Wall
a
priest
,
who
stirred
vp
a
rebellious
armie
in
the
time
of
king
Richard
the
second
[
zzz
](B13659-e103630-b)
zzz
I.
Stow
in
Rich.
2.
.
But
from
warres
which
displaie
the
banner
,
I
will
passe
to
leagues
which
wrap
it
vp
:
2.
As
warres
haue
been
by
the
Law
of
Nations
mainteined
,
so
leagues
haue
been
concluded
:
for
as
Cicero
saith
:
It
a
bellum
suscipiatur
vt
nihil
aliud
quàm
pax
quaesita
videatur
[
a
](B13659-e103660-b)
a
Cicer.
1.
offic.
.
Such
was
the
opinion
of
S.
Augustine
,
as
appeareth
by
the
Canon
Law
:
Pacem
habere
debet
voluntas
,
bellum
necessitas
:
non
enim
pax
quaeritur
,
vt
bellum
excitetur
,
sed
bellum
geritur
vt
pax
acquiratur
[
b
](B13659-e103690-b)
b
C.
3.
23.
q.
1.
.
And
that
is
expedient
for
the
Conqueror
,
according
to
the
saying
of
Euripides
:
Pacem
reduci
velle
victoria
expedit
,
victo
necesse
est
.
But
the
Conqueror
ought
to
be
of
that
power
,
that
he
may
be
able
to
make
perpetuall
peace
:
for
it
is
one
of
the
naturall
properties
of
peace
to
be
perpetuall
:
For
such
was
the
forme
of
peace
,
which
the
Romanes
concluded
:
Romanis
&
Latinorum
populis
pax
esto
,
dum
coelum
et
terra
stationem
eandem
obtinent
[
c
](B13659-e103730-b)
c
Dionys.
Halicarnas
.
lib.
6.
.
And
so
the
Romane
Emperour
,
and
the
Persian
king
did
establish
peace
sine
termino
[
d
](B13659-e103770-b)
d
Procop.
1.
lib.
de
bel
.
Pers.
,
in
concluding
peace
,
publike
profit
must
be
especially
regarded
;
which
Hanniball
therefore
tearmed
vinculum
maximum
[
e
](B13659-e103800-b)
e
Liui.
36.
:
and
before
him
Demosthenes
tearmed
it
so
[
ee
](B13659-e103820-b)
ee
Demosth
.
ad
Ep.
Phi.
.
And
sometime
priuate
profite
is
respected
,
when
it
is
a
mean
or
waie
to
publike
profite
:
Wherefore
Duaren
saith
pleasantly
and
fitlie
:
We
see
verie
often
,
that
as
of
a
comedie
,
so
of
a
warre
,
the
finall
conclusion
is
a
mariage
[
f
](B13659-e103850-b)
f
Duar.
c.
3.
de
rit
.
nup.
:
But
it
is
good
to
make
peace
,
so
that
there
be
no
feare
of
future
tumult
,
and
vnquietnes
:
Therefore
Lentulus
his
counsaile
was
good
against
the
Carthaginians
:
Quoniam
perfidiam
non
possumus
tollere
,
ante
omnia
debilitemus
potentiam
[
g
](B13659-e103880-b)
g
Appia
.
in
bel
.
punic
.
.
And
Cato
of
this
matter
speaketh
to
the
Spaniardes
:
Id
ne
fiat
vno
modo
caueri
potest
,
si
effectum
erit
ne
possitis
rebellare
[
h
](B13659-e103910-b)
h
Liui.
34.
.
And
Iphicrates
doth
well
aunswere
the
Lacedaemonians
,
promising
all
faithfulnes
,
and
all
possible
securitie
,
that
he
could
not
rest
vpon
anie
other
faith
,
or
other
securitie
then
this
,
that
it
should
bee
apparant
vnto
him
,
that
they
could
not
doe
anie
hurt
,
though
they
would
.
The
reason
of
this
sure
and
warie
dealing
with
enemies
,
Saint
Ierom
wittilie
sheweth
:
Quis
vnquam
mortalium
iuxta
viperam
securos
somnos
capit
,
quae
etsi
non
percutiat
,
certè
sollicitat
:
Securius
igitur
est
perire
non
posse
,
quàm
iuxta
periculum
non
perijsse
[
i
](B13659-e103960-b)
i
Hieron
.
ep.
47.
:
Who
did
euer
rest
quietly
,
sleeping
neare
to
a
Viper
,
which
though
shee
doe
not
stinge
,
yet
shee
doth
vexe
?
It
is
therefore
more
secure
to
be
able
to
auoide
danger
,
then
not
to
haue
perished
,
where
there
is
hazard
of
perishing
.
The
effects
of
peace
concluded
are
diuerse
,
for
either
weapons
are
laide
aside
,
or
the
parties
agree
vpon
condition
,
or
the
fight
receiueth
some
restreints
,
or
limitations
:
for
when
both
parties
are
wearie
,
both
of
paines
and
of
expence
,
this
is
rather
an
ending
of
warre
,
then
a
concluding
of
peace
;
as
Tacitus
saith
in
the
like
case
:
Bellum
magis
desierat
quàm
pax
caeperat
[
k
](B13659-e104000-b)
k
Tac.
4.
annal.
.
And
the
like
matter
Cicero
,
in
the
like
sort
censureth
:
Summum
otium
sed
senescentis
magis
ciuitatis
quàm
quiescentis
[
l
](B13659-e104030-b)
l
Cic.
ep.
ad
Qu.
fr.
lib.
2.
ep.
14.
:
Wherefore
it
is
good
to
make
and
ratifie
perseueraunce
of
peace
,
beecause
the
reliques
of
the
disease
after
the
crisis
doe
manie
times
worke
the
ruyne
and
subuersion
of
our
health
.
And
according
to
the
rule
of
Phisicke
:
The
ashes
of
putrified
bodyes
will
soone
inflame
the
humours
[
m
](B13659-e104060-b)
m
Hippoer
.
6.
epid
.
2.
et
Merc.
ad
2.
de
mor.
:
And
therefore
Tullus
that
artificiall
warriour
,
in
articulating
peace
with
the
Albanes
,
putteth
them
in
minde
,
that
they
ought
not
so
much
to
settle
present
peace
,
as
to
prouide
for
future
agreements
[
n
](B13659-e104090-b)
n
Dionys.
3.
.
And
worthelie
doth
Isocrates
reprooue
the
Graecians
,
because
they
did
not
compounde
,
but
delaie
enmities
,
vntill
such
time
as
one
of
them
might
destroie
an
other
[
o
](B13659-e104120-b)
o
Isoc
.
in
panegyr
.
.
And
excellent
is
that
saying
of
Cicero
:
Pax
est
non
in
armis
positis
,
at
in
abiecto
omni
armorum
metu
[
p
](B13659-e104140-b)
p
Cic.
10.
lib.
epist.
Iam.
epist.
6.
.
But
to
speake
some
what
of
the
diuersities
of
making
peace
,
if
this
clause
bee
comprehended
in
the
Articles
,
That
one
of
the
parties
should
preserue
the
Maiestie
and
aucthoritie
of
the
other
with
all
kindnes
and
faithfulnes
.
Doctor
Baldus
tearmeth
this
simplicem
adhaerentiam
[
q
](B13659-e104170-b)
q
Bal.
5.
cons.
106.
,
whereby
(
as
Romanus
expoundeth
it
)
the
weaker
part
doth
adhere
to
the
mightier
:
non
vt
subditi
fiunt
,
sed
vt
defendantur
[
r
](B13659-e104200-b)
r
Rom.
cons.
417.
.
This
adherence
is
lesse
then
protection
:
and
he
that
is
an
herent
,
or
vnder
protection
,
is
not
presentlie
vnder
iurisdiction
,
but
is
onelie
defensible
from
iniuries
and
violence
,
and
that
by
souldiers
and
armour
:
Wherefore
I
wonder
at
Alciat
,
when
hee
saith
,
Faederati
Latine
loquentibus
subditi
sunt
,
non
sotij
[
s
](B13659-e104230-b)
s
Alcia
.
7.
cons.
13.
,
aut
adhaerentes
.
Neither
is
it
any
subiection
,
though
they
giue
somewhat
in
signe
of
superioritie
[
t
](B13659-e104250-b)
t
Castal
.
de
imp.
q.
109.
.
Neither
were
the
Carthaginians
and
Macedonian●
subiect
to
the
Romanes
,
though
they
did
paie
vnto
them
a
yearely
tribute
.
But
if
a
League
be
once
contracted
,
it
bindeth
verie
strongelie
and
effectuallie
;
and
that
certaine
ministeries
or
dutifull
respectes
were
by
reason
of
such
Leagues
due
and
demaundable
,
may
euidentlie
appeare
by
the
League
contracted
betwixt
the
Romanes
and
the
Lacedaemonians
,
wherein
it
was
expressed
,
that
they
should
liue
according
to
their
owne
Lawes
,
and
should
not
conferre
anie
thing
in
name
of
tribute
,
saue
onelie
certaine
friendlie
ministeries
,
and
offices
[
u
](B13659-e104310-b)
u
Strabo
lib.
8.
.
And
for
the
further
proofe
of
the
straitnes
and
strength
of
this
publike
bonde
,
this
forme
of
League
was
found
ingrauen
in
an
auncient
stone
:
Batari
fratres
,
&
amici
populi
Romani
[
uu
](B13659-e104330-b)
uu
Dio
lib.
69.
:
So
that
Bodinus
is
not
to
be
harkened
vnto
,
who
thinketh
that
by
freindship
or
league
contracted
betwixt
nations
,
no
aide
is
due
vnlesse
it
bee
expressely
mentioned
[
x
](B13659-e104350-b)
x
Bodi
.
lib.
5.
de
rep.
c.
vit.
:
for
Baldus
teacheth
him
otherwise
,
that
there
is
one
bodie
of
two
cities
or
two
common
weales
,
by
reason
of
friendship
concluded
:
[
a
](B13659-e104370-b)
a
Bal.
cons.
29
but
for
the
better
vnderstanding
hereof
it
is
to
be
noted
that
there
be
two
kindes
of
societie
or
publike
friendship
:
one
which
is
tearmed
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
the
other
which
is
named
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
[
b
](B13659-e104400-b)
b
Suid.
Thucyd
.
1.
Rhod.
11.
an
.
le.
6.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
is
when
the
parties
contracting
league
are
by
force
of
the
league
to
haue
the
same
friends
,
and
the
same
enemies
,
which
maner
of
societie
was
much
vsed
by
the
Romanes
:
the
other
is
but
as
it
were
the
moitie
or
halfe
part
of
this
,
as
namely
when
one
of
the
league
is
to
helpe
the
other
when
he
suffereth
iniurie
:
but
not
when
hee
offereth
iniurie
for
it
is
a
good
rule
in
the
ciuil
law
,
rei
turpis
societas
non
intelligitur
:
[
c
](B13659-e104430-b)
c
l.
5.
7.
vbi
Bal.
pro
sor.
Therfore
he
that
couenanteth
to
defend
a
castell
or
farelet
is
not
bound
,
if
warre
bee
raised
through
his
fault
,
to
whome
hee
made
the
couenant
:
[
d
](B13659-e104440-b)
d
Alexand.
3.
cons.
114.
and
Castrensis
auoucheth
,
that
this
ought
to
be
vnderstood
of
a
necessarie
,
not
of
a
voluntarie
warre
:
But
this
is
cleare
and
certaine
in
this
case
,
that
he
that
is
bound
so
to
defend
,
is
bound
to
defend
by
weapons
:
[
e
](B13659-e104460-b)
e
Deci.
li.
59.
de
.
reg.
iur
.
&
3.
cons.
117.
and
he
that
is
bound
in
such
case
personally
to
helpe
an
other
is
much
more
bound
to
helpe
him
with
money
[
f
](B13659-e104470-b)
f
Alci
.
3.
consi
2.
yet
that
must
be
thought
to
be
onely
then
required
at
his
handes
,
when
the
other
can
not
prouide
for
his
owne
necessities
.
Now
it
is
to
be
considered
,
whether
eyther
of
the
parties
may
depart
from
the
league
.
And
I
thinke
vpon
iust
occasion
such
a
departure
may
bee
made
:
Faedus
non
violatur
si
ab
eo
disceditur
ob
rationem
iustam
[
g
](B13659-e104490-b)
g
l.
14.
15
16.
pro
soc
.
:
But
this
must
not
bee
for
a
light
cause
:
for
light
▪
causes
are
alwaies
arising
:
and
all
contracts
would
bee
most
weake
,
if
for
a
small
and
worthlesse
cause
it
should
be
broken
or
not
regarded
.
But
a
prince
may
safely
depart
from
the
league
if
some
part
of
the
league
bee
broken
by
the
other
partie
:
[
h
](B13659-e104500-b)
h
Cagnol
.
l.
41.
Cod.
de
.
trans
.
and
leagues
as
all
other
contractes
bee
indiuidua
[
i
](B13659-e104520-b)
i
Deci.
Cons.
265.
cep
.
455.
461.
:
for
there
be
alwaies
exceptions
vnderstoode
in
euery
league
as
these
for
example
;
Nisi
causa
superueniat
:
nisi
culpa
accesserit
eius
cui
promissio
ista
fit
,
&
pactio
foederis
:
rebus
sic
stantibus
.
Thus
we
haue
spoken
of
warre
and
peace
generally
,
now
it
remaineth
to
discourse
of
the
particular
circumstances
of
these
two
principall
points
and
moments
of
a
common
weale
.
3
Before
warre
be
maintained
by
one
prince
against
an
other
,
it
behooueth
him
that
commenceth
war
to
denounce
the
warre
solemnly
by
ambassadors
,
and
by
that
meane
to
certifie
him
of
his
purpose
.
For
this
course
is
prescribed
by
the
lawe
of
God
[
k
](B13659-e104550-b)
k
Deut.
20.
Ioseph.
5.
antiquitat
.
Aug.
iudic
.
q.
49.
.
And
it
was
practised
by
the
Grecians
,
Barbarians
,
and
most
of
all
by
the
Romaines
[
l
](B13659-e104560-b)
l
Aerod
.
lib.
5.
Xenop
.
Ages
.
Diony.
2.
Liui.
1.
:
Whereupon
Cicero
saith
,
Nullum
bellum
iustum
haberi
videtur
nisi
nuntiatum
,
nisi
indictum
,
nisi
repetitis
rebus
[
m
](B13659-e104590-b)
m
Cice.
1.
de
offi.
n.
c.
1.
23.
q.
2.
:
Which
saying
is
cited
and
auowched
in
the
Canon
law
[
n
](B13659-e104600-b)
n
c.
1.
23.
q.
2.
.
And
this
is
likewise
affirmed
in
the
ciuill
law
.
[
o
](B13659-e104610-b)
o
l.
24.
de
capt
.
And
therefore
it
is
held
by
the
interpreters
of
the
ciuill
law
,
Proditoriè
agit
qui
non
indictum
mouet
bellum
:
[
p
](B13659-e104630-b)
p
Ias
.
Bald.
l.
5.
de
iust
.
l.
4.
c.
de
obs.
p.
And
Varro
reporteth
,
that
iust
warres
did
cease
to
bee
waged
in
his
time
,
because
they
ceased
altogether
to
bee
lawfully
denounced
[
q
](B13659-e104650-b)
q
Var.
lib.
4.
de
ling.
Lati.
.
For
the
auncient
Romanes
did
not
affoarde
a
triumph
to
anye
,
vnlesse
the
warre
were
solemnely
proclaymed
[
r
](B13659-e104660-b)
r
Sigon
.
de
anti.
iur
.
pro
vin.
:
And
Alciat
accompteth
this
the
law
of
nations
[
s
](B13659-e104680-b)
s
Alcia
.
14.
de
si
.
cor.
.
And
because
warre
is
a
publike
contention
,
if
in
priuate
causes
summons
and
citations
be
vsed
,
surely
in
vndertaking
warre
,
denuntiation
ought
to
bee
vsed
[
t
](B13659-e104690-b)
t
Bald.
l.
12.
de
serui
.
vrb
.
praed.
;
for
which
cause
the
Romanes
were
in
this
point
so
precise
,
that
they
did
often
denounce
war
when
they
needed
not
;
euen
when
the
law
of
nations
was
apparantly
violated
by
other
nations
,
so
that
they
might
iustly
haue
enforced
them
,
as
the
rule
of
the
common
law
is
to
haue
taken
notice
of
their
owne
wrong
.
In
this
sort
they
proclaymed
warre
against
the
Senones
who
had
slayne
their
ambassadors
:
against
the
Illyrians
and
Tarentines
,
who
had
contumeliously
abused
them
[
u
](B13659-e104700-b)
u
Liui.
12.
20.
.
And
this
is
noted
of
them
in
the
case
of
the
Saguntines
:
Non
statim
ad
arma
procurrunt
,
dum
prius
more
legitimo
queri
malunt
:
[
x
](B13659-e104720-b)
x
Flor.
lib.
2.
So
Liuie
reporteth
of
the
Frenchmen
;
Erant
qui
extemplo
Romam
eundum
censerent
,
sed
vicere
seniores
vt
legati
prius
mitterentur
questum
iniurias
,
postulatumque
vt
pro
iure
gentium
violato
Fauij
dederentur
:
[
a
](B13659-e104750-b)
a
Liui.
lib.
5.
Wherefore
Xerxes
doeth
greatly
inuey
against
the
Graecians
because
they
did
not
first
aslay
to
end
their
controuersies
without
weapons
:
[
b
](B13659-e104770-b)
b
Herodot
.
l.
7
and
for
the
same
cause
Ioab
is
iustly
reproued
in
the
scripture
of
the
wise
woman
:
[
c
](B13659-e104790-b)
c
2.
Sam.
20.
neither
was
hee
vnwise
in
this
pointe
that
said
:
Omnia
prius
experiri
verbis
quam
armis
sapientem
decet
.
Qui
scis
an
quae
iubeam
sine
vi
faciat
.
[
d
](B13659-e104810-b)
d
Ter.
in
Eunuch
.
Yea
euen
Tullus
a
most
warlike
man
is
of
this
opinion
:
Quae
verbis
componi
non
possunt
armis
decernantur
:
[
e
](B13659-e104840-b)
e
Dionis
.
li.
3.
So
Theseus
a
notable
Captaine
saith
in
Euripides
.
Si
oratione
non
persuadeo
bellum
laudo
.
Vade
,
dic
Creonti
:
Theseus
amanter
repelit
a
te
cadauera
:
hic
primus
sermo
:
si
nihil
efficis
,
secundus
,
vt
[
g
](B13659-e104920-b)
g
Cassiod
.
5.
Var.
1.
7.
Thus
it
is
euident
that
by
the
lawe
of
nations
warre
should
be
denounced
.
4
Somewhat
must
be
spoken
of
truce
,
which
is
thus
defined
in
the
ciuill
law
:
Induciae
sunt
cum
in
breue
et
in
presens
tempus
conuenit
,
ne
inuicem
se
lacessant
:
[
h
](B13659-e104950-b)
h
lib.
19.
de
capt
.
And
Gellius
maketh
mention
of
a
truce
which
was
made
for
an
houre
onely
:
[
i
](B13659-e104970-b)
i
Gel.
li.
1.
c.
25.
Vergill
calleth
truce
pacem
sequestram
,
because
it
sequestreth
as
it
were
,
and
suspendeth
war
for
a
time
.
Varro
tearmeth
it
,
Ferias
belli
,
warres
holiday
.
[
k
](B13659-e105020-b)
k
Virgil.
11.
Aenei
.
In
that
it
is
called
sequestra
pax
,
it
is
to
bee
noted
that
it
is
not
simplie
a
peace
.
In
the
Cannon
lawe
it
is
called
tregna
:
it
is
of
this
nature
,
that
by
it
warre
is
not
ended
but
deferred
onely
,
and
so
it
is
middle
betwixt
warre
and
warre
euen
as
sequestration
is
middle
inter
duos
altercantes
betwixt
two
parties
that
are
at
variance
.
But
peace
properly
so
tearmed
is
of
another
nature
,
because
it
is
perpetuall
,
and
vnder
the
name
of
peace
truce
is
not
comprehended
,
no
though
truce
be
concluded
for
a
long
time
:
as
the
Veientines
made
a
truce
during
the
space
of
an
hundred
yeares
with
the
Romanes
:
afterward
for
fortie
yeares
,
and
after
for
twentie
:
as
the
Tuscanes
had
a
truce
first
for
thirtie
yeares
after
for
fortie
,
and
then
peace
was
concluded
.
Neyther
is
it
so
much
as
a
league
,
as
may
appeare
by
Liuie
:
De
foedere
negatum
:
induciae
in
biennium
datae
Samnitibus
:
And
so
hee
reporteth
of
the
Tuscanes
:
Pacem
faedusquè
petierunt
,
inducias
in
tringinta
annos
impetrarunt
.
[
l
](B13659-e105080-b)
l
Liui.
1.
2.
4.
9.
10.
So
Plutarch
reporteth
of
Pelopidas
,
that
hee
woulde
not
conclude
peace
with
his
aduersary
,
but
that
he
granted
him
truce
[
m
](B13659-e105110-b)
m
Plut.
in
Pelop.
.
Ancharanus
doth
thus
distinguish
them
there
is
a
time
of
warre
,
a
time
of
truce
,
a
time
of
peace
[
n
](B13659-e105130-b)
n
Anch.
cons.
88.
.
And
an
other
Ciuilian
auoucheth
truce
to
be
more
like
to
war
then
to
peace
[
o
](B13659-e105140-b)
o
Corn.
3.
cons.
167.
.
And
an
other
saith
fitly
,
Induciae
non
interrumpunt
hostilitatem
,
sed
actus
hostiles
:
[
p
](B13659-e105160-b)
p
Aug.
l.
si
vn
vis
.
de
pact
.
But
this
must
be
obserued
in
obseruing
truce
,
that
in
time
of
truce
aduantage
may
not
be
taken
either
in
regard
of
the
place
,
of
the
fight
,
or
of
other
circumstances
.
Therefore
Phillip
may
seeme
to
haue
done
vniustly
and
against
the
lawe
of
armes
,
who
hauing
obteyned
[
r
](B13659-e105200-b)
r
Guicciar.
li.
2
.
And
it
is
thought
to
bee
against
the
lawe
of
truce
to
receiue
soldiers
at
that
time
into
a
towne
besieged
:
[
s
](B13659-e105210-b)
s
Com.
Pij
.
2.
lib.
5.
For
it
is
an
vsuall
clause
in
the
concluding
of
truce
:
Nil
nouari
securitate
pendente
:
[
t
](B13659-e105230-b)
t
Vital
.
tract
.
clau
.
So
Scanderbege
doth
sharpely
reprehend
the
Turkes
,
who
hauing
promised
to
yeelde
themselues
if
ayde
did
not
come
within
a
certaine
number
of
daies
,
do
in
the
meane
season
repaire
the
breaches
of
their
wals
and
munition
:
[
u
](B13659-e105250-b)
u
Scanderb
.
8
Neither
can
Tissafernes
bee
excused
from
the
violation
of
truce
,
who
in
that
time
did
make
himselfe
more
strong
for
warre
.
But
Agesilaus
is
noted
to
haue
done
the
contrarie
:
[
c
](B13659-e105280-b)
c
Corn.
Nep.
Agesil
.
Neither
can
the
acte
of
Belisarius
bee
iustified
,
who
in
the
time
of
truce
surprised
certaine
townes
,
out
of
which
the
Gothes
departed
,
howbeit
hee
answered
to
this
obiection
,
that
he
might
well
enter
into
such
townes
as
the
Gothes
had
left
and
waiued
:
but
the
Gothes
did
not
waue
them
;
for
they
departed
out
of
these
townes
through
penurie
,
&
want
of
victuailes
[
cc
](B13659-e105300-b)
cc
Procop.
l.
2.
de
bel
.
Goth.
:
Now
by
the
ciuill
law
hee
that
departeth
out
of
a
place
,
or
casteth
any
thing
away
being
inforced
by
necessitie
cannot
bee
said
to
leaue
that
thing
behind
him
pro
derelicto
[
d
](B13659-e105320-b)
d
l.
1.
7.
pro
derel
.
l.
8.
de
Ie.
Rho.
:
Yet
the
common
law
may
seeme
to
sway
with
Belisarius
,
which
extendeth
derelictum
,
both
to
that
which
is
voluntarily
forsaken
[
e
](B13659-e105350-b)
e
16.
Eliz.
138
Dy.
.
And
to
that
which
is
waiued
and
left
by
necessitie
[
f
](B13659-e105360-b)
f
29.
E.
3.
29.
12.
E.
4.
5.
:
yet
it
cleareth
not
Belisarius
,
his
acte
:
for
during
the
time
of
truce
no
warlike
action
should
haue
beene
enterprised
:
so
that
if
the
Gothes
had
left
these
townes
voluntarily
,
and
not
by
necessitie
,
this
had
not
exempted
him
from
doing
apparant
wrong
.
5
Because
safeconduct
is
a
thing
much
vsed
amongst
nations
in
politique
respect
,
&
therefore
is
parcell
of
the
law
of
nations
,
I
may
not
omit
or
ouerpasse
it
.
Safeconduct
because
it
is
in
Latine
fides
publica
,
doth
argue
that
it
may
not
be
granted
regularly
but
of
a
publike
person
who
is
an
absolute
Monarch
,
or
of
some
publike
estate
or
common
weale
;
and
in
England
it
hath
beene
vsed
to
bee
graunted
by
parliament
,
as
appeareth
by
the
statute
of
Magna
charta
:
Omnes
mercatores
,
nisi
ante
prohibiti
fuerunt
,
habeant
saluum
conductum
exire
,
&
venire
in
Angliam
ad
emendum
&
vendendum
praeterquam
in
tempore
guerrae
:
&
si
sint
de
terra
contra
nos
guerrina
,
si
mercatores
nostri
in
patria
illa
sint
salui
,
&
salui
sint
illi
in
terra
nostra
.
I
mentioned
before
this
worde
(
regularly
)
because
by
commission
and
speciall
warrant
hee
that
hath
potestatem
explicandi
ardua
:
or
hee
that
hath
causae
cognitionem
,
maye
graunt
and
affoarde
safeconduct
for
the
better
performance
of
his
taske
[
h
](B13659-e105440-b)
h
Decia
.
3.
●onsi
96.
.
But
safeconduct
is
to
be
vnderstood
largely
,
by
equitie
,
and
without
cauils
:
and
therefore
if
safeconduct
be
granted
to
one
,
to
come
safely
to
a
place
it
is
intended
that
he
ought
safely
to
depart
,
and
hee
that
hath
licence
to
passe
safely
may
send
safely
[
i
](B13659-e105450-b)
i
Bar.
li.
1.
C.
de
nan
.
Alex.
2.
cons.
46.
5.
Alci
.
4.
14.
:
and
he
to
whom
safeconductt
is
graunted
for
himselfe
and
his
company
,
may
bring
with
him
in
his
company
odious
persons
,
as
Iewes
and
infidels
[
k
](B13659-e105460-b)
k
Alc.
l.
cons.
11.
25.
Dec.
cons.
51.
:
but
fugitiues
,
reuolters
,
rebels
and
traitors
he
may
not
bring
with
him
,
for
no
law
of
nations
nor
benefit
of
common
weale
belongeth
to
[
m
](B13659-e105500-b)
m
Plut.
in
Mar.
&
Cat.
:
Others
in
setting
forth
of
their
games
and
showes
did
cast
them
to
beasts
:
others
did
lay
them
vnder
Elephants
to
be
trode
&
torne
in
peeces
,
others
did
with
other
extremitie
worke
their
death
[
n
](B13659-e105510-b)
n
Liui.
24.
26
Val.
Maxi.
2.
c.
7.
Front
.
4.
c.
1.
Appi.
in
bel
.
Hispan
.
:
neither
do
I
think
that
safeconduct
may
extend
to
men
of
another
nation
,
then
he
is
of
,
to
whom
safeconduct
is
granted
.
For
example
,
the
Fleminge
,
the
Turke
,
the
English
are
enemies
to
the
Spaniard
,
if
safeconduct
be
granted
to
the
Fleming
,
he
may
not
take
Englishmen
,
or
Turkes
with
him
in
his
company
.
But
safeconduct
being
granted
to
the
husband
must
needs
extend
to
the
wife
,
and
to
such
thinges
as
be
necessarie
to
him
ad
bene
esse
[
o
](B13659-e105530-b)
o
Bal.
5.
cons.
413.
:
And
to
such
familie-seruauntes
or
retinue
as
to
be
agreeable
and
proportionable
to
his
dignitie
and
estate
[
p
](B13659-e105540-b)
p
Aug.
l.
8.
de
in
of
.
test
.
:
for
according
to
the
rule
of
the
ciuill
Law
,
in
personalissimis
actibus
inseparabiles
personae
includuntur
[
q
](B13659-e105560-b)
q
Bal.
1.
3.
de
const.
pri.
.
6
I
will
now
speake
of
Captiues
,
and
of
the
rightes
that
belong
to
them
(
for
miserie
needeth
some
solace
)
by
the
Law
of
Nations
.
A
Captiue
as
the
name
importeth
is
he
,
who
is
taken
in
warre
,
and
though
he
be
borne
of
a
captiue
woman
,
yet
is
he
free
,
vntill
such
time
as
he
be
seised
into
the
handes
,
or
to
the
vse
of
the
Lord
,
and
though
he
be
so
seised
,
yet
it
must
needes
be
that
he
was
borne
free
:
for
the
rule
is
true
:
Quae
iure
gentium
acquiruntur
,
ea
non
acquiruntur
nisi
vera
interuenerit
apprehensio
[
r
](B13659-e105590-b)
r
l.
3.
de
acqui
.
po
.
vbi
Ias
.
,
otherwise
he
should
possesse
the
treasure
who
possesseth
the
ground
in
which
it
is
,
yet
he
doth
not
possesse
it
,
howbeit
he
knoweth
of
it
,
and
therefore
that
rule
is
not
in
the
Law
of
Nations
true
:
Si
quis
habet
id
quod
continet
,
habet
id
quod
continetur
:
For
in
the
Law
of
nations
this
generall
maxime
holdeth
place
:
Vera
et
realia
non
ficta
,
et
verbalia
amat
ius
gentium
:
yet
such
a
precise
seisure
is
not
heere
ment
that
euery
part
of
him
that
is
taken
should
be
touched
,
euen
to
the
verie
shirt
of
a
man
,
as
long
as
he
that
seiseth
hath
a
will
and
power
to
seise
:
for
he
that
toucheth
a
mans
eare
,
is
in
the
ciuill
Law
held
to
touch
the
whole
man
[
s
](B13659-e105620-b)
s
Alc.
d.
41.
d.
l.
3.
l.
21.
de
fur
.
.
Some
hold
opinion
that
he
is
not
a
Captiue
,
vntill
he
be
brought
into
the
tents
of
his
enemie
[
t
](B13659-e105630-b)
t
l.
5.
de
capt
.
Alex
:
l.
1.
de
acquir
.
po
.
tt
.
4.
reg.
6.
,
howsoeuer
it
be
,
it
is
plaine
,
that
Captiues
may
not
be
put
to
death
;
as
the
prophet
said
to
the
king
of
Israel
:
An
quos
captiuos
abduceres
,
gladio
tuo
et
arcu
tuo
eos
percuteres
?
And
though
bloudie
Pyrrhus
desirous
to
kill
Polyxena
did
pretend
,
that
lex
nulla
capt●
parcit
aut
poenam
impedit
:
yet
Agamemnon
aunswered
him
well
,
quod
non
vetat
lex
hoc
vetat
fieri
pudor
[
u
](B13659-e105700-b)
u
Senec.
in
Tro.
.
To
which
purpose
the
other
Seneca
saith
excellentlie
:
Augusta
innocentia
adlegem
bonus
esse
,
et
latius
officiorum
patet
quàm
iuris
regula
,
multa
exigit
pietas
,
humanitas
,
liberalitas
,
iustitia
,
fides
,
quae
omnia
extra
publicas
tabulas
sunt
.
The
Scots
therefore
are
greatlie
to
be
commended
,
who
as
Buchanan
reporteth
,
though
great
daunger
were
imminent
,
yet
did
not
slaie
their
prisoners
[
uu
](B13659-e105750-b)
uu
Buchan
.
lib.
9.
.
Neither
did
the
English
euer
(
that
I
reade
)
vnlesse
it
were
once
in
that
notable
fight
,
in
which
they
did
vtterlie
destroy
the
French
dominion
,
who
hauing
more
prisoners
then
themselues
were
,
and
finding
their
captiues
to
tende
to
conspiracie
and
mutinie
,
hauing
singled
the
most
noble
,
did
kill
the
baser
prisoners
[
x
](B13659-e105780-b)
x
Com.
Pi.
2.
lib.
6.
Polydor.
17.
.
But
doubtles
the
Turkes
crueltie
was
barbarous
,
who
did
kill
fowre
thousand
prisoners
,
that
they
might
not
be
a
burden
or
charge
vnto
him
[
a
](B13659-e105800-b)
a
Ior.
lib.
3.
.
And
this
fault
was
committed
by
Henry
the
second
king
of
Fraunce
[
b
](B13659-e105830-b)
b
Nat.
Com.
lib.
8.
,
who
did
cause
certaine
obstinate
prisoners
,
&
perseuering
in
fight
to
be
hanged
:
a
kind
of
death
vnfit
for
Captiues
,
who
are
not
so
to
be
punished
without
great
and
vrgent
cause
,
because
it
is
a
point
of
immanitie
,
and
crueltie
,
bitterlie
to
rage
against
them
which
defende
their
Prince
,
and
their
Countrie
.
A
Captiue
one
may
be
,
and
yet
not
a
bondslaue
:
for
he
can
not
be
a
bondslaue
,
vnlesse
his
Lord
will
haue
him
so
.
There
was
a
ceremonie
therefore
vsed
to
make
him
bondslaue
,
which
was
called
Nexus
;
And
it
seemeth
that
the
Praetor
had
some
authoritie
in
this
matter
:
which
I
ground
onelie
vpon
the
last
will
and
militarie
testament
of
a
Romane
,
ingrauen
in
stone
as
Sigonius
reporteth
,
who
would
haue
his
villaines
manumitted
by
the
Praetor
[
c
](B13659-e105890-b)
c
Car.
Sigo
.
in
vit.
et
trinu
.
ph.
:
and
sithence
eiusdem
potestatis
est
ligare
&
soluere
,
I
am
of
opinion
therefore
,
that
he
had
some
intermedling
in
the
making
of
them
villeines
.
But
in
the
making
of
them
villeines
,
chaines
doubtles
were
vsed
:
and
therefore
Vespasian
when
he
had
taken
Iosephus
prisoner
,
would
needes
haue
his
gyues
to
be
broken
,
not
to
be
loosed
,
that
he
might
seeme
neuer
to
haue
been
a
bondslaue
[
d
](B13659-e105930-b)
d
Ioseph
.
lib.
5.
de
bel
.
Iud.
.
And
whereas
the
Law
saith
,
that
such
thinges
as
are
taken
of
enemies
capientium
fiunt
[
e
](B13659-e105950-b)
e
l.
5.
de
ac
.
re
.
do
.
,
it
is
not
meant
nolentium
:
therefore
though
the
power
of
him
that
taketh
make
a
captiue
,
yet
his
will
must
make
a
bondslaue
.
But
surelie
the
state
of
captiues
,
if
they
become
bondslaues
is
verie
miserable
:
for
they
are
as
it
were
deiected
from
their
nature
,
and
are
in
accompt
of
Law
tourned
into
beastes
:
And
wheras
before
they
were
accompted
in
Law
persons
now
they
are
accompted
thinges
[
f
](B13659-e105970-b)
f
ad
leg
.
Aquit
.
209.
Bald.
2.
cons.
358.
,
and
therefore
of
the
Graecians
they
are
generally
called
Samata
bodies
.
But
I
do
not
think
this
seruitude
to
be
contra
naturam
:
For
Aquinas
his
distinction
is
not
to
be
reprooued
,
that
seruitus
is
á
natura
,
though
not
secundum
primam
intentionem
,
by
which
we
are
all
made
free
:
yet
ex
secunda
by
which
God
doth
punish
whom
it
pleaseth
him
:
but
such
bondslaues
must
not
be
vsed
like
beastes
,
but
like
men
:
wherefore
the
speech
of
some
is
intollerable
(
Seneca
reporteth
it
)
who
did
affirme
domino
in
seruum
nihil
non
licere
,
pictori
nihil
non
pingere
[
g
](B13659-e106080-b)
g
Sen.
1.
contr.
5.
.
And
Plato
writeth
not
well
when
he
saith
,
that
bondslauesl
)
[
l
](B13659-e106100-b)
l
Plat.
lib.
6.
de
leg
.
.
are
to
be
handled
roughlie
.
Aristotle
more
trulie
,
that
they
ought
to
be
handled
mildlie
[
m
](B13659-e106120-b)
m
Arist.
1.
polit.
.
Cicero
more
iustilie
,
Meminerimus
et
aduersus
infimos
iustitiam
esse
seruandum
,
Macrobius
more
modestlie
,
Dominum
patremfamilias
,
seruos
familiares
appellauerunt
nostri
maiores
omnem
seruis
contumeliam
detrahentes
[
n
](B13659-e106160-b)
n
Macrob.
1.
saturnal
.
11.
.
Clemens
Alexandrinus
more
compassionatelie
:
Famulis
vtendum
tanqum
nobis
ipsis
:
sunt
enim
homines
tanquam
nos
[
o
](B13659-e106190-b)
o
Cle.
Alex.
●lt
.
paed
.
.
Nunquid
canes
saginabuntur
,
homines
pascentur
male
?
said
Diogenes
.
In
Athens
there
was
a
Law
de
iniuria
seruili
[
p
](B13659-e106240-b)
p
Athenae
.
lib.
6.
.
Amongest
the
other
Graecians
there
was
a
Law
,
that
bondslaues
might
depart
from
their
cruell
maisters
.
In
some
common
weales
they
had
licence
to
purchase
landes
,
and
goodes
,
as
Athenaeus
[
r
](B13659-e106300-b)
r
Senec.
lib.
3.
de
benefic
.
.
7
Enough
of
Captiues
:
Now
let
vs
not
be
vnmindfull
of
Hostages
,
which
are
in
state
not
far
distant
from
Captiues
:
Therefore
Quinctius
did
cause
the
sonne
of
Phillip
,
and
the
sonne
of
Nabis
to
be
led
before
his
triumphall
chariot
,
though
they
were
but
Hostages
[
s
](B13659-e106350-b)
s
Oros
.
lib.
4.
c.
20.
Liui.
34.
.
And
the
Parthians
were
wont
to
saie
:
obsidaetus
nihil
aliud
est
,
quàm
seruitus
[
t
](B13659-e106380-b)
t
Ioseph
.
lib.
18.
antiqu.
.
By
the
Ciuill
Law
they
can
not
make
a
testament
no
more
then
others
,
which
are
in
the
enemies
power
[
u
](B13659-e106390-b)
u
l.
1
1.
qu.
test
.
fa.
po
.
.
The
definition
of
Hostages
is
thus
deliuered
in
the
ciuill
Law
:
Obsides
sunt
qui
fidei
publicae
seruandae
causa
,
principi
,
aut
duci
exercitus
dantur
[
uu
](B13659-e106410-b)
uu
Bal.
l.
2.
c.
de
pa.
qui
fidi
.
.
To
whom
this
daunger
is
incident
by
the
Law
of
Nations
;
That
if
promise
be
not
kept
to
him
whose
Hostages
they
be
,
they
may
presentlie
be
put
to
death
:
As
may
appeare
by
the
examples
of
the
Thessalians
[
a
](B13659-e106430-b)
a
Plut.
de
cla
.
mu.
,
the
Romanes
[
b
](B13659-e106450-b)
b
Liui.
2.
Diony.
6.
,
the
Gothes
[
c
](B13659-e106470-b)
c
Procop.
lib.
1
de
bel
.
Goth.
●
,
the
Dacians
[
d
](B13659-e106490-b)
d
Bodin
.
1.
de
rep.
c.
10.
,
the
English
[
e
](B13659-e106510-b)
e
Polyd.
lib.
5.
7.
15.
.
8
I
may
not
omit
to
speak
somewhat
of
the
Law
,
and
lawfull
vse
of
Stratagems
,
which
haue
been
so
much
fauoured
and
practized
in
auncient
times
,
that
it
hath
been
generallie
and
peremptorilie
affirmed
:
Nullo
discrimine
virtutis
ac
doli
prosperi
omnes
laudari
debent
bellorum
euentus
[
c
](B13659-e106540-b)
c
Ammian
.
Marc.
lib.
17.
.
And
S.
Augustine
his
authoritie
is
vrged
in
the
Canon
Law
:
Cum
iustum
bellum
susceperis
,
vtrum
aperta
pugna
,
vtrum
insidijs
vincas
nihil
ad
iustitiam
interest
[
d
](B13659-e106570-b)
d
Aug.
Ios.
q.
10.
c.
2.
23.
q.
2.
:
To
which
agreeth
the
saying
of
the
Poet
:
Dolus
an
virtus
quis
in
hoste
requirat
?
And
counsaile
hath
been
giuen
by
Oracle
,
that
men
must
not
onely
fight
by
warlike
instruments
,
but
by
nimblenes
of
witte
[
e
](B13659-e106590-b)
e
Pausan
.
lib.
4.
.
And
Brasidas
saith
in
Thucydides
,
that
the
theft
of
warre
is
most
honest
.
And
Silius
censuring
Fabius
vsing
such
cunning
plots
saith
:
Exin
virtuti
placuit
dolus
[
f
](B13659-e106660-b)
f
Sili
.
lib.
15.
.
But
yet
great
regard
is
to
be
had
,
that
all
kind
of
deceit
and
fraude
may
not
be
vsed
&
admitted
:
because
Law
must
be
vsed
in
dealing
with
enemies
.
But
the
Law
admitteth
not
dolum
malum
,
being
the
arte
boni
et
aequi
.
And
in
concluding
any
matter
with
enemies
,
all
captious
and
scrupulous
disputations
and
interpretations
are
to
be
auoided
:
for
as
Cicero
saith
:
Leguleiorum
est
syllabas
&
apices
aucupari
,
(
non
militaris
simphicitatis
[
g
](B13659-e106710-b)
g
Cicer.
1.
de
ora
.
l.
25.
de
prob
.
.
)
Wherefore
Pericles
dealt
vniustly
,
who
hauing
couenanted
with
his
enemies
,
that
they
should
be
safe
si
ferrum
deponerent
,
did
afterward
kill
them
,
because
they
had
about
their
harneys
certaine
yron
buttons
:
for
this
word
(
ferrum
)
was
to
be
vnderstood
of
weapons
:
as
appeareth
by
that
saying
of
Pyrrhus
in
Ennius
:
Ferro
non
auro
vitam
cernamus
vtrique
.
And
[
i
](B13659-e106790-b)
i
Thucyd.
lib.
2.
:
as
if
the
carcasses
of
men
were
captiues
,
and
a
dead
man
were
a
man
.
Vniust
was
Alexander
,
who
hauing
promised
to
certaine
persons
a
safe
departure
out
of
the
citie
,
let
them
go
safe
out
of
the
citie
,
but
hauing
gone
a
little
of
their
way
,
he
caused
them
to
be
slaine
[
k
](B13659-e106810-b)
k
Diod.
lib.
17.
Polyen
.
4.
.
The
Samnites
were
vniust
,
who
hauing
promised
their
enemies
that
they
would
take
away
but
a
stone
all
along
the
wall
,
did
take
away
the
foundation-stones
&
so
destroied
the
whole
wall
[
l
](B13659-e106830-b)
l
Polyen
.
6.
.
And
that
Romane
can
not
be
excused
from
blame
,
who
when
Antiochus
had
promised
him
that
he
should
haue
halfe
of
his
shippes
,
caused
all
his
Nauie
to
be
cut
in
the
middest
[
m
](B13659-e106860-b)
m
Valer.
Max.
lib.
7.
c.
3.
.
And
the
craft
of
the
people
of
Lacros
is
to
be
reprooued
,
who
hauing
promised
perpetuall
friendship
whilest
they
should
treade
vpon
that
earth
,
and
whilest
they
should
carie
on
their
shoulders
their
heades
,
did
cast
out
of
their
shoes
the
earth
that
they
had
put
into
them
,
and
remooued
from
their
shoulders
the
heades
of
garlike
which
they
had
priuilie
laied
on
them
,
and
then
they
leuied
warre
[
mm
](B13659-e106900-b)
mm
Polyb.
lib.
6.
.
For
as
Cicero
,
though
a
pagane
saith
diuinely
:
Semper
in
fide
quid
senseris
,
non
quid
dixeris
cogitandum
[
n
](B13659-e106930-b)
n
Cicer.
1.
et
3.
de
offic.
.
Neither
is
it
materiall
that
some
examples
,
and
namely
these
abouesaid
may
be
vrged
for
the
defence
of
such
sinister
dealing
,
for
these
few
examples
make
not
the
Law
of
nations
.
Neither
in
this
treatise
do
we
imagine
what
hath
been
done
of
some
men
,
of
some
nations
,
in
some
cases
,
vpon
some
occasions
.
But
what
hath
been
done
of
the
most
part
of
the
best
men
of
all
Nations
,
vpon
grounded
aduise
,
and
free
election
.
And
surely
diuers
such
great
&
eminent
parsonages
haue
sometime
vsed
such
stratagems
in
good
sort
,
and
without
breach
of
national
iustice
.
Iudith
that
wise
and
valiant
woman
,
for
her
plot
intended
and
practized
against
Olofernes
is
commended
of
diuers
,
yea
euen
of
Diuines
:
of
Clemens
Alexandrinus
[
o
](B13659-e106970-b)
o
Clemens
stromat
.
,
of
Ambrose
[
p
](B13659-e106990-b)
p
Amb.
3.
de
offic.
,
of
Ierom
[
q
](B13659-e107010-b)
q
Hieron
.
apo.
Ru.
,
of
Augustine
[
r
](B13659-e107030-b)
r
Aug.
de
te
.
228.
229.
,
of
other
.
So
Augustus
Cesar
did
promise
to
Cleopatra
what
she
would
,
if
she
would
effect
the
death
of
Antonius
[
s
](B13659-e107080-b)
s
Dio
cassi
.
lib.
51.
.
Such
snares
were
laid
against
Timoleon
,
against
Eumenes
,
against
Lucullus
by
Mithridates
,
as
Plutarch
reporteth
.
They
were
assayed
by
Metellus
and
Marius
,
and
perfourmed
and
executed
by
Sylla
against
Iugurtha
,
as
Salust
auoucheth
.
They
were
compassed
of
the
Aetolians
against
Nabis
[
t
](B13659-e107210-b)
t
Paus
.
lib.
8.
.
And
attempted
of
Perseus
against
Eumenes
[
u
](B13659-e107240-b)
u
Liui.
lib.
42.
.
And
likewise
of
Decebalus
the
king
of
Dacia
against
Traian
[
uu
](B13659-e107280-b)
uu
Zona
.
Dio.
68.
.
They
were
procured
latelie
of
Tiruultius
against
Sforza
Duke
of
Millaine
[
a
](B13659-e107320-b)
a
Iovi
.
lib.
11.
.
And
in
time
past
perfourmed
by
Totilas
against
the
Gouernor
of
Perusia
[
b
](B13659-e107350-b)
b
Procop.
lib
▪
3.
de
bel
.
Goth
.
.
And
in
this
age
of
Selymus
the
Turkish
Emperour
,
against
king
Aladolus
[
c
](B13659-e107380-b)
c
Ioui
.
lib.
17.
.
And
heretofore
of
a
certaine
Triballian
against
Amurathes
[
d
](B13659-e107410-b)
d
Catachond
.
lib.
1.
.
Manie
such
cunning
practizes
were
deuised
and
executed
by
Annibal
that
admirable
souldier
,
in
whom
the
two
seueral
natures
of
the
Foxe
and
the
Lion
did
constell
and
accorde
:
but
he
was
fully
countermated
by
the
Romanes
,
of
whom
therefore
he
said
:
video
Romanos
suos
habere
Annibales
.
I
must
conclude
with
shewing
the
vniuersall
and
absolute
right
,
aduantage
,
libertie
,
power
,
and
prerogatiue
of
the
Conquerour
.
The
question
hath
been
heretofore
,
whether
all
these
things
that
anie
waie
belong
to
the
people
subdued
may
be
claimed
by
the
Victorer
,
or
onelie
such
things
Quae
pede
praemit
,
manu
tenet
.
It
hath
beene
agreede
,
that
when
Alexander
did
surprise
Thebes
,
he
was
an
vniuersall
&
no
particular
possessor
of
all
their
rightes
and
inheritances
[
e
](B13659-e107480-b)
e
Bald.
2.
Consi
.
202.
:
And
whereas
the
Chalcedonians
being
dangerously
assaulted
by
the
armie
of
Alcibiades
did
priuily
and
closely
conuey
their
goods
for
safetie
vnto
the
Bithinians
,
Alcibiades
hauing
conquered
them
,
made
earnest
demand
of
these
goods
,
to
be
deliuered
him
by
the
Bithinians
[
f
](B13659-e107510-b)
f
Xenoph.
1.
Graec.
:
And
the
Romanes
did
demand
the
bodies
of
certaine
kinges
Demetrius
and
Mithridates
,
being
ouercome
and
put
to
flight
,
of
them
to
whome
they
fled
[
g
](B13659-e107540-b)
g
Liui.
7.
22.
Plut.
in
Luc.
App.
in
Mithr
.
:
but
without
all
doubt
these
places
,
and
the
things
of
these
places
which
the
conquering
armie
doth
possesse
,
doe
iustly
belong
vnto
the
conqueror
,
&
therefore
that
is
said
to
be
the
conquerors
territorie
,
vbi
exercitus
eius
terret
[
h
](B13659-e107560-b)
h
Panor
.
2.
cons.
62.
Bald.
lib.
3.
de
.
off
.
praes.
:
And
Alexander
might
well
laugh
at
Darius
,
who
in
the
articles
of
peace
would
haue
yeelded
these
things
to
Alexander
,
which
he
did
alreadie
possesse
[
i
](B13659-e107600-b)
i
Curt.
lib.
4.
&
5.
:
And
Hanniball
did
disdaine
the
Romane
simplicitie
(
though
they
did
it
of
great
pollicie
)
in
selling
that
ground
which
hee
did
possesse
with
his
armie
[
k
](B13659-e107620-b)
k
Liui.
lib.
26.
:
And
Brasidas
the
Lacedemonian
saide
well
,
that
that
was
not
the
Boetians
land
,
which
the
Lacedemonian
armie
had
seysed
:
[
l
](B13659-e107640-b)
l
Thucyd.
li.
4
And
when
a
Monarche
or
free
citie
yeeldeth
,
al
the
members
and
inferior
parts
doe
yeeld
implicatiue
:
wherefore
Baldus
saith
well
,
A
submissione
capitis
sequitur
submissio
mēbrorum
&
rerum
,
quia
seruiente
capite
membra
seruire
necesse
est
.
And
it
is
certain
,
that
the
ornaments
&
riches
of
the
people
subdued
they
may
take
away
iure
imperatorio
,
as
Cicero
saith
:
[
m
](B13659-e107700-b)
m
Cicer.
Verr.
3.
So
Camillus
a
most
strict
obseruer
of
the
lawe
of
armes
did
take
the
image
of
Iuno
from
Veios
[
n
](B13659-e107730-b)
n
Liui.
lib.
4.
:
Marcellus
caried
away
many
things
from
Siracuse
,
[
o
](B13659-e107760-b)
o
Plut.
in
Marc.
and
Mummius
conueied
great
store
of
Church-ornaments
out
of
Achaia
[
p
](B13659-e107790-b)
p
Zonar
.
:
And
Sir
Frauncis
Drake
that
sea-flowre
of
England
did
(
as
I
haue
heard
)
bring
home
with
him
the
great
golden
statue
of
S.
Christopher
which
hee
tooke
in
one
of
the
Churches
of
Porto
Rico
when
hee
sacked
it
.
And
though
there
bee
somewhat
in
scripture
[
q
](B13659-e107840-b)
q
Dani.
c.
5.
spoken
against
the
spoylers
of
the
temple
of
Ierusalem
,
the
cause
was
for
that
God
had
chosen
that
temple
to
be
his
house
and
the
spoilers
of
it
did
it
in
reproach
of
his
maiestie
.
But
it
is
plaine
that
cities
surprised
may
bee
sacked
:
cities
yeelded
vpon
condition
may
not
[
r
](B13659-e107860-b)
r
Liui.
lib.
37.
:
and
cities
surprised
may
bee
sold
,
and
the
walles
may
be
destroied
,
and
the
cities
themselues
[
s
](B13659-e107870-b)
s
Plut.
lib.
4.
.
The
wals
of
Athens
were
destroyed
by
the
Spartanes
[
t
](B13659-e107890-b)
t
Thucyd.
li.
1.
.
The
walles
of
Sparta
by
the
Achaeans
[
u
](B13659-e107920-b)
u
Liui.
li.
38.
:
the
walles
of
Ierusalem
by
the
commandement
of
Pompey
[
x
](B13659-e107950-b)
x
Tacit
lib.
5
:
part
of
the
walles
of
Giscala
by
Titus
[
a
](B13659-e107980-b)
a
Ioseph.
4.
●elli
.
Iud.
:
the
walles
of
Argentina
by
Attila
,
which
hee
would
needes
haue
afterward
called
Polyodopolis
,
as
now
hauing
many
waies
to
come
vnto
it
.
[
b
](B13659-e108020-b)
b
Bon.
sin
.
1.
vng.
2
Fredericke
was
brought
in
triumph
through
the
walls
of
Millaine
yeelded
vnto
him
[
c
](B13659-e108050-b)
c
Sigon
.
lib.
13.
de
re.
It.
:
Alponsus
through
the
walles
of
Naples
:
(
as
Guicciardine
reporteth
)
Iulius
the
Pope
of
Rome
through
the
walles
of
Mirandula
:
was
it
because
the
gates
were
throwne
downe
?
or
because
such
a
holy
man
wold
not
make
a
prophane
passage
through
the
gates
,
but
through
the
walles
which
are
commonly
consecrated
?
or
because
his
ordinarie
course
is
to
enter
by
the
window
,
his
extraordinarie
at
the
wall
?
or
because
he
wanted
the
Aspe
and
the
Basiliske
to
walke
vpon
,
he
thought
good
for
that
present
to
trample
vpon
stone
and
morter
?
as
to
generall
subuersion
of
cities
after
a
victorie
obtayned
,
it
is
manifest
that
Thebes
was
destroyed
by
the
generall
concord
of
all
the
Grecians
,
because
they
tooke
part
with
the
Persians
[
e
](B13659-e108150-b)
e
Diod.
li.
15.
.
Liuie
maketh
mention
of
Alba
,
Pometia
,
Corbio
,
Cortuosa
,
Contenebra
,
Satricum
,
Antipatria
,
Phaleria
,
and
others
,
which
were
so
destroied
[
f
](B13659-e108180-b)
f
Liuie
.
l.
1.
2.
3.
6.
7.
24.
31.
32.
:
Carthage
,
had
the
same
fortune
,
which
is
said
to
haue
suffered
the
plough
,
a
ceremony
vsed
of
the
Romanes
in
razing
of
the
foundations
of
a
citie
conquered
[
g
](B13659-e108200-b)
g
l.
21.
qui
▪
mo
.
vs
.
am.
:
the
same
fortune
had
Ierusalem
[
h
](B13659-e108220-b)
h
c.
7.
dist
76.
1.
Mich.
3.
,
according
to
the
prophesie
of
Micheas
:
Sion
vt
ager
arabitur
l
.
The
eight
Chapter
.
That
in
the
lawes
and
constitutions
touching
Citties
,
corporations
,
liberties
,
franchises
and
immunities
,
and
the
good
gouernment
and
administration
of
them
,
all
nations
haue
agreed
.
COrporations
in
the
whole
course
and
constitution
of
them
doe
verie
much
resemble
the
naturall
bodie
of
man
:
for
as
there
bee
in
it
great
diuersitie
of
partes
,
so
is
there
likewise
great
distinction
in
cities
and
corporations
,
of
misteries
&
degrees
.
In
Egipt
there
were
in
their
seuerall
corporations
diuers
sorts
and
callings
of
people
;
Kings
,
Priests
,
Warriors
,
and
Workemen
:
which
last
kind
was
subdiuided
into
foure
members
,
Shipmen
,
Artificers
,
Husbandmen
,
and
Shepheards
,
[
a
](B13659-e108310-b)
a
Arist.
lib.
7.
polit.
c.
10.
Herod
.
lib.
2.
histor.
.
And
as
a
naturall
bodie
doth
consist
of
things
bodily
,
and
of
a
soule
,
which
is
vnbodilie
,
so
that
it
consisteth
of
thinges
meerely
opposite
.
So
likewise
a
citie
or
corporation
consisteth
of
multitude
and
vnitie
,
whereof
multitude
is
as
the
bodie
,
vnitie
as
the
soule
,
both
different
in
nature
.
That
multitude
is
as
the
bodie
of
a
Cittie
needeth
no
great
proofe
:
Yet
heare
thereof
Florus
:
Cum
populus
Romanus
,
Etruscos
,
Latinos
,
Sabinosque
miscuerit
,
&
vnum
ex
omnibus
sanguinem
ducat
,
corpus
fecit
ex
membris
,
et
ex
omnibus
vnus
est
[
b
](B13659-e108330-b)
b
Florus
.
l.
3.
c.
18.
.
Heare
the
opinion
of
the
Stoicks
,
comparing
the
world
to
a
corporation
.
Ciuitas
totius
mundi
vna
est
,
&
omnes
homines
populares
,
municipesquè
&
veluti
armentum
vnum
compascuo
in
agro
compascens
[
c
](B13659-e108350-b)
c
Cice.
li.
3.
de
fi.
Plut.
de
vi
.
Alex.
:
Heare
also
Seneca
.
Homo
homini
in
maiore
ciuitate
ciuis
est
,
&
in
adiutorium
mutum
creatus
[
d
](B13659-e108370-b)
d
Senec.
1.
&
2.
de
ira
.
:
and
that
vnitie
is
the
forme
and
as
it
were
the
soule
of
a
corporation
may
diuersely
appeare
Florus
saith
excellently
(
for
he
either
could
not
or
would
not
write
but
excellently
)
Augustus
Caesar
sapientia
sua
atque
solertia
perculsum
vndique
et
perturbatum
ordinauit
imperij
corpus
.
Quod
it
a
nunquam
haud
dubtè
coire
&
consentire
potuisset
,
nisi
vnius
praesidis
nutu
quasi
anima
,
&
mente
regeretur
.
[
e
](B13659-e108400-b)
e
Florus
.
lib.
4.
c.
3.
And
Seneca
saith
wittily
:
Societas
haec
nostra
lapidum
fornicationi
simillima
,
casurae
nisi
inuicem
obstarent
&
sustinerent
se
lapides
;
[
f
](B13659-e108430-b)
f
Sene.
epist.
96.
This
our
society
is
like
vnto
an
arche
of
stones
,
which
would
soone
fall
if
one
stone
did
not
hinder
and
beare
vp
another
.
S.
Ambrose
diuinly
:
Lex
naturae
ad
omnem
nos
stringit
charitatem
,
vt
alter
alteri
tanquam
vnius
partes
corporis
deferamus
.
And
the
saying
of
Cicero
,
though
an
heathen
is
not
heathenish
.
Spurca
eorum
sententia
qui
ad
se
omnia
referunt
[
g
](B13659-e108490-b)
g
Cice.
lib.
7
ad
Attic.
ep.
2.
.
And
both
he
and
S.
Ierom
[
h
](B13659-e108510-b)
h
Hieron
.
ep.
24.
doe
condemne
certaine
Philosophers
,
who
whilest
they
thinke
it
sufficient
to
be
without
all
kinde
of
vniustice
,
and
bend
themselues
wholly
to
that
,
that
they
may
not
hurt
any
man
,
yet
offend
greatly
in
this
,
that
they
doe
not
seeke
and
endeuoure
to
profit
other
men
,
but
forsake
sake
that
part
of
iustice
,
whilest
they
follow
the
other
:
from
which
fault
all
the
Rhetoricke
in
the
world
cannot
exempt
the
cloistered
Monkes
and
couchant
Friers
of
the
Romish
liturgy
:
Claudian
speaketh
aptly
of
this
matter
[
i
](B13659-e108530-b)
i
Claudi
.
4.
cons.
Honor.
.
:
Nonne
vides
operum
quî
se
pulcherrimus
ipse
,
Mundus
amore
ligat
.
Thus
it
is
euident
,
that
a
multitude
lawfully
&
for
a
politike
end
assembled
is
the
matter
of
a
corporation
,
vnitie
the
forme
.
Likewise
as
a
naturall
bodie
hath
his
diseases
,
so
hath
the
bodie
politike
.
Wherfore
Liuie
his
comparison
is
incomparable
.
Nulla
magna
ciuitas
diu
quiescere
potest
:
si
foris
hostem
non
habet
,
domi
inuenit
,
vt
praeualida
corpora
ab
externis
causis
tuta
videntur
:
sed
suis
ipsa
viribus
onerantur
[
k
](B13659-e108600-b)
k
Liui.
li
30
.
And
againe
,
Discordia
ordinum
est
venenum
vrbis
huius
[
l
](B13659-e108620-b)
l
Liui.
lib.
3.
:
yet
in
some
things
the
bodie
naturall
and
a
citie
or
corporation
do
differre
:
for
the
naturall
bodie
is
transitorie
and
mortall
:
but
a
bodie
politicke
dieth
not
as
it
is
shewed
by
M.
Townsend
in
the
Mayor
of
Norwitches
case
.
The
comminaltie
is
the
substance
of
a
corporation
:
and
of
them
dependeth
all
the
inheritance
:
for
the
Mayor
and
the
Sheriffes
may
die
,
and
be
chaunged
,
but
so
can
not
the
comminaltie
[
m
](B13659-e108660-b)
m
21.
E.
4.
7.
12
27.
67.
Mai.
de
Norwich
.
c.
per
Townes
.
:
which
is
elegantly
auouched
by
Liuie
speaking
in
the
person
of
Scipio
that
worthy
man
:
Si
ego
morerer
mecum
expiratura
respub
.
mecum
casurum
imperium
populi
Romani
esset
?
ne
istud
Iupiter
optimus
maximus
sinat
vrbem
auspicat●
Dijs
authoribus
in
aeternum
conditam
,
fragili
huic
&
mortali
corpori
aequalem
esse
:
Flaminio
,
Paulo
,
Graccho
,
Posthumio
Albino
,
M.
Marcello
,
T.
Quinctio
.
C.
Fuluio
,
Scipionibus
meis
,
tot
,
tam
praeclaris
imperatoribus
vno
bello
absumptis
,
superstes
est
populus
Romanus
eritque
mille
alijs
nunc
ferro
,
nunc
morbo
morientibus
[
n
](B13659-e108700-b)
n
Lui
.
li.
28.
.
And
Tacitus
speaketh
of
this
matter
pithily
though
shortly
:
Principes
mortales
,
aeternae
resp
.
[
o
](B13659-e108730-b)
o
Tacit.
annal.
3.
And
there
is
an
other
difference
taken
in
the
said
case
of
the
Mayor
of
Norwitch
:
for
a
man
restrayning
the
hands
of
an
other
mans
naturall
bodie
,
doeth
restreigne
his
bodie
,
but
if
one
do
imprison
the
Sheriffes
of
a
citie
,
the
comminalty
is
not
imprisoned
.
By
this
comparison
the
nature
of
a
politike
bodie
may
sufficiently
appeare
.
Now
I
will
speake
of
the
incorporating
and
enfraunchising
of
citizens
which
hath
beene
very
auncient
,
as
may
appeare
by
Tacitus
.
Conditor
nostri
Romulus
tantum
sapientia
valuit
,
vt
plerosque
populos
eódem
die
hostes
,
dein
ciues
habuerit
:
and
he
sheweth
it
more
particularly
,
Neque
ignoro
Iulios
Alba
,
Cornucanos
Camerio
,
Portios
Tusculo
,
&
ne
vetera
scrutemur
,
Lucania
Etruriaque
,
&
omni
Italia
in
senatum
accitos
.
And
he
giueth
a
good
reason
wherefore
it
should
be
so
:
moribus
,
artibus
,
affinitatibus
nostris
mixti
aurum
&
opes
suas
inferant
potiùs
quàm
separati
habeant
:
condemning
the
Lacedemonians
&
Athenians
,
who
vsed
it
not
.
Quid
aliud
exitio
Lacedaemoniis
et
Atheniensibus
fuit
quam
quam
armis
pollerēt
,
nisi
qd
victos
ꝓ
alienigenis
arcebant
[
p
](B13659-e108790-b)
p
Tacit.
lib.
11.
annal.
:
Amongst
the
Romanes
at
the
first
none
were
admitted
into
their
citie
,
but
such
as
did
inhabite
in
that
part
of
Italie
,
which
was
called
Latium
:
afterwarde
it
was
imparted
to
the
other
people
of
Italie
,
such
as
dwelt
beyond
the
riuer
Poe
,
and
the
Alpes
,
and
the
sea
.
Claudius
Caesar
bestowed
the
freedome
of
the
citie
vpon
many
barbarous
nations
:
and
vnder
these
Emperours
which
were
Spaniardes
,
Thracians
,
Affricans
by
little
&
little
whole
prouinces
,
yea
and
the
whole
Romane
empire
was
endowed
with
the
freedom
and
liberties
of
the
citie
:
whereupon
that
speech
was
vttered
,
Romanus
vbicunque
vicit
,
habitat
:
and
whereas
at
the
first
all
nations
beside
the
Grecians
were
accompted
Barbarians
,
yea
euen
the
Romanes
,
who
afterward
were
Lords
of
all
,
and
being
Lords
did
exempt
themselues
and
other
nations
which
they
had
conquered
from
such
reproch
,
and
then
they
onely
were
noted
for
barbarous
who
liued
not
vnder
the
Romane
Empire
:
[
q
](B13659-e108870-b)
q
Herodian
.
Sparti
.
Eutrop.
wherefore
Rhenus
was
said
to
haue
two
bankes
,
the
furthermost
of
which
was
allotted
to
the
Barbarians
,
the
nearer
to
the
Romanes
,
according
to
the
saying
of
Claudian
:
O
quoties
doluit
Rhenus
,
qua
barbarus
ibat
.
Quod
te
non
geminis
frueretur
iudice
ripis
.
And
that
which
Tacitus
saith
,
that
the
Romanes
did
grant
vnto
the
Rhemenses
,
the
Lingones
,
the
Bituriges
,
the
Meldinenses
,
the
Xantones
,
&
the
Hedui
free
people
of
Fraunce
,
the
liberties
&
free
vse
of
their
citie
(
the
suffrage
&
giuing
voice
at
the
election
of
Magistrates
and
Officers
onelie
excepted
and
foreprised
)
it
is
more
plainlie
and
vnderstandinglie
opened
by
Liuie
in
these
wordes
:
Iam
indemorem
Romanis
colendi
socios
,
ex
quibus
alios
in
ciuitatem
atque
aequum
ius
accepissent
,
alios
in
ea
fortuna
haberent
,
vt
sotij
este
quàm
ciues
mallent
[
r
](B13659-e108990-b)
r
Liui.
lib.
26.
.
Though
Augustus
Caesar
at
the
first
blossoming
of
the
Romane
Empire
did
make
some
scruple
to
enfraunchise
straungers
,
and
to
admit
them
into
the
Citie
of
Rome
:
Neither
would
he
bestow
the
liberties
vpon
a
Frenchman
,
though
earnestlie
requested
by
his
Empresse
Liuia
,
whom
he
dearelie
loued
,
disallowing
the
act
of
C.
Caesar
his
adoptiue
father
,
who
enfraunchised
a
whole
legion
of
his
French
soldiers
,
and
reprooued
likewise
M.
Antonius
for
selling
the
liberties
of
the
citie
vnto
the
Sicilians
for
money
[
s
](B13659-e109060-b)
s
Tranquil
.
in
vit.
August
.
.
Yet
his
posteritie
was
not
so
precise
,
but
did
abundantlie
admit
straungers
:
For
Antonius
pius
did
enfraunchise
all
that
were
subiect
to
the
citie
of
Rome
,
that
Rome
might
be
the
common
countrie
of
all
Nations
[
t
](B13659-e109100-b)
t
L.
in
orbe
de
statu
ho.
ff.
,
imitating
perhaps
Alexander
magnus
,
who
accompted
the
whole
world
a
common
Citie
,
and
his
pauilion
[
m
](B13659-e109130-b)
m
Plut.
in
Alex.
.
And
Seuerus
did
graunt
to
the
citizens
of
Alexandria
,
that
they
might
be
Senators
of
Rome
,
and
that
other
Aegyptians
should
not
be
free
of
the
citie
of
Rome
,
vnlesse
they
were
before
free
men
of
Alexandria
.
[
n
](B13659-e109200-b)
n
Plin.
lib.
10.
epist.
The
Heluetians
did
bestow
the
liberties
of
their
citie
vpon
Lewis
the
eleuenth
,
and
other
kinges
of
Fraunce
[
o
](B13659-e109240-b)
o
Bodin
.
lib.
1.
de
rep.
c.
6.
.
And
Artaxerxes
the
king
of
the
Persians
did
graunt
such
liberties
to
the
whole
familie
of
the
Pelopidae
[
p
](B13659-e109280-b)
p
Plut.
in
pelopi
.
.
So
the
Athenians
did
make
free
of
their
citie
Euagoras
king
of
Cyprus
,
Dionysius
the
tyran
of
Sicelie
,
Antigonus
and
Demetrius
the
kinges
of
Asia
,
yea
euen
all
the
Rhodians
[
q
](B13659-e109360-b)
q
Liuius
:
which
the
Rhodians
requited
with
like
curtesie
,
which
was
nothing
else
but
a
comburgeosie
,
such
as
Bodinus
[
r
](B13659-e109390-b)
r
Bodin
.
vbi
supr.
reporteth
to
haue
been
made
betwixt
them
of
Valoys
,
and
certaine
towneships
of
the
Heluetians
:
Betwixt
the
men
of
Berne
,
and
them
of
Friburge
:
Betwixt
them
of
Geneua
,
&
them
of
Berne
.
The
nature
of
which
comburgeosie
is
,
that
there
should
be
mutuall
communitie
of
their
cities
,
and
mutuall
league
of
friendship
betwixt
them
;
And
if
any
of
these
so
leagued
in
societie
should
forsake
their
citie
,
and
come
to
the
citie
of
them
with
whom
they
were
in
league
,
they
should
be
ipso
facto
Citizens
without
any
speciall
enfraunchisement
,
enroulment
,
cooptation
,
or
any
other
circumstance
:
before
which
time
they
were
not
subiect
to
the
commaunde
and
Lawes
of
that
citie
,
but
were
onelie
Ciues
honorarij
,
as
Hercules
and
Alexander
magnus
were
of
Corinth
.
Such
a
league
of
societie
as
seemeth
by
the
yeare
booke
to
haue
been
contracted
betwixt
the
Citizens
of
Lincolne
,
and
them
of
the
towne
of
Derbie
,
that
they
of
Lincolne
should
be
quite
from
murage
,
pontage
,
custome
,
and
tolle
,
within
the
village
of
Derbie
,
for
all
kind
of
merchandize
[
s
](B13659-e109550-b)
s
48.
E.
3.
17.
.
This
was
the
difference
betwixt
veri
and
honorarij
ciues
:
the
former
were
subiect
to
the
Lawes
,
orders
,
and
charges
of
the
citie
:
the
other
were
not
.
Plutarch
[
t
](B13659-e109590-b)
t
Plut.
in
Solon
.
wondreth
at
Solon
,
in
that
he
made
a
Law
,
that
all
straungers
should
be
barred
from
the
liberties
of
the
citie
of
Athens
,
except
it
were
such
as
were
in
exile
:
but
indeed
he
perceiued
not
Solons
meaning
,
being
a
man
of
deeper
reach
then
Plutarch
,
as
also
was
Polybius
,
and
Thucydides
,
and
Dionysius
,
of
Halicarnassus
amongest
the
Graecians
his
countrymen
,
whom
notwithstanding
in
learning
,
wit
,
and
eloquence
he
exceeded
:
for
Solon
his
purpose
was
in
the
making
of
that
Law
,
that
none
should
enioy
the
liberties
of
the
citie
,
but
such
as
should
be
bound
and
subiect
to
the
Lawes
of
the
Citie
.
And
there
was
likewise
an
other
difference
betwixt
veri
and
honorarij
Ciues
:
for
they
which
were
veri
ciues
did
loose
the
liberties
of
the
citie
of
Rome
,
whensoeuer
they
did
purchase
the
freedome
of
any
other
citie
:
Which
may
appeare
by
this
,
that
though
Pomponius
Atticus
being
borne
in
the
citie
of
Rome
,
was
a
citizen
of
Rome
,
and
more
then
that
,
beeing
a
Senators
sonne
,
was
eques
Romanus
,
who
was
therefore
called
Atticus
,
because
hee
had
the
Athenians
in
such
reuerence
and
estimation
(
a
man
of
great
byrth
:
for
three
Emperours
doe
referre
their
originall
to
him
,
[
u
](B13659-e109780-b)
u
Senec.
in
epist.
ad
Lucil.
)
yet
this
man
could
not
bee
made
a
citizen
of
Athens
,
least
(
as
Cornelius
Nepos
reporteth
the
plain
truth
[
u
](B13659-e109810-b)
u
Senec.
in
epist.
ad
Lucil.
)
he
should
loose
his
freedom
of
the
citie
of
Rome
.
But
as
to
them
which
were
honorarij
ciues
,
if
they
were
enfraunchised
of
a
Societies
of
Students
;
as
namelie
the
houses
of
Court
,
and
to
mine
owne
knowledge
,
the
worthie
societie
of
Graies
Inne
,
to
which
be
admitted
such
a
number
of
excellent
noble
men
,
great
diuines
,
surpassing
gentlemen
,
whereof
some
haue
sued
and
been
desirous
to
be
admitted
:
other
some
haue
rather
been
called
,
then
ordinarilie
consorted
,
for
their
preeminence
and
worth
,
according
to
the
rule
of
Salomon
:
As
is
the
fining
pot
for
siluer
,
and
the
furnace
for
gold
,
so
is
euery
man
according
to
his
dignitie
.
I
pray
God
this
fining
pot
may
still
continue
her
siluer
of
Learning
and
Law
.
I
beseech
him
likewise
that
this
furnace
of
gold
,
may
still
seuer
the
gold
from
the
drosse
,
that
is
religion
and
loialtie
,
from
paganisme
and
papisme
:
which
hitherto
,
the
Lord
be
praised
,
it
hath
done
.
But
to
retourne
to
my
purpose
of
handling
the
nature
and
properties
of
Cities
and
Corporations
,
Though
in
the
generaltie
of
admittance
all
common
weales
haue
accorded
,
yet
in
the
speciall
maner
of
admittance
they
haue
dissented
and
varied
:
For
in
Athens
they
could
not
bestow
their
fraunchise
vpon
anie
without
the
suffrage
and
voice
of
a
thousand
citizens
at
the
least
[
a
](B13659-e109930-b)
a
Demosth
.
contr.
Eub●lid
.
.
But
in
such
places
and
regions
,
which
by
reason
of
the
barrennes
of
the
soyle
,
or
by
reason
of
the
distemperature
of
the
ayre
,
are
not
verie
well
habitable
,
not
onelie
the
originarie
inhabitants
,
but
euen
straungers
and
aliens
are
forbidden
by
the
Rulers
of
the
places
to
depart
out
of
them
:
As
namelie
in
Moscouia
[
b
](B13659-e109950-b)
b
Sigis.
in
hist.
Moscho
.
,
Tartaria
,
and
Aethiopia
[
c
](B13659-e109980-b)
c
Francisc
.
Aluares
.
in
hist.
Aethiop
.
:
But
amongest
the
Venetians
and
Rhagusians
none
can
be
admitted
to
their
cities
,
vnlesse
it
be
for
a
great
summe
of
money
,
or
some
principall
desert
.
But
now
sithence
we
haue
spoken
sufficientlie
of
Corporations
in
generall
,
let
vs
examine
the
first
foundation
and
beginning
of
guildes
and
fraternities
,
which
as
Corporations
do
support
the
good
estate
of
a
Realme
;
so
they
do
preserue
the
good
estate
of
Corporations
.
These
Fraternities
are
deriued
of
the
greeke
word
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
which
is
to
be
interpreted
a
well
,
or
pit
:
for
in
drinking
at
one
pit
or
well
societie
was
at
the
first
contracted
:
thence
is
deriued
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
fraternitie
.
So
likewise
Pagi
,
towneships
,
are
deriued
of
the
Doricke
word
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
which
signifieth
a
fountaine
,
and
in
the
Atticall
dialect
is
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
By
the
meeting
together
at
the
first
at
one
water
or
fountaine
grew
loue
betwixt
man
and
wife
,
then
betwixt
brethren
and
sisters
,
then
betwixt
vncles
and
nephewes
,
then
grew
affinitie
:
All
which
would
haue
been
colde
,
if
there
had
not
beene
corporations
,
colleges
,
guildes
,
fraternities
,
and
societies
erected
and
established
.
By
the
common
Law
,
no
Corporations
can
be
made
but
by
the
king
,
yet
his
highnes
may
depute
this
authoritie
to
an
other
,
for
so
it
commeth
originally
from
the
king
:
howsoeuer
Mast.
Keble
his
opinion
is
,
that
a
Corporation
must
be
made
by
the
kinges
expresse
and
immediate
wordes
[
d
](B13659-e110100-b)
d
2.
H.
7.
13.
.
But
22.
Edwardi
4.
and
20.
Hen.
7.
the
opinion
of
Read
is
to
the
contrarie
[
e
](B13659-e110140-b)
e
22.
E.
4.
Graunts
30.
20.
H.
7.
7.
,
and
both
Mast.
Fitzherbert
,
and
Mast.
Brooke
[
g
](B13659-e110170-b)
g
Br.
Patents
44.
abridging
the
case
,
are
in
this
contrarie
to
Mast.
Keble
:
[
h
](B13659-e110220-b)
h
21.
E.
4.
56.
.
But
to
all
vnlawfull
Gorporations
,
all
giftes
,
grauntes
,
fines
,
and
feoffements
are
made
voide
by
the
Satute
of
23.
Hen.
8.
cap.
10.
The
first
Lawmakers
and
founders
of
common
weales
,
at
the
first
did
accompt
no
foundation
more
stable
to
support
a
common
weale
then
societies
and
fraternities
.
For
Numa
Pompilius
the
king
of
the
Romanes
did
ordeine
certaine
guildes
of
workmen
and
merchants
,
and
did
binde
them
by
solemne
sacrifices
and
feasts
,
which
might
be
at
certaine
set
daies
celebrated
to
preserue
loue
,
and
friendship
amongest
the
people
,
that
they
might
with
more
ioy
and
comfort
proceede
in
their
priuate
and
publike
affaires
[
i
](B13659-e110260-b)
i
Plut.
in
Num.
Dionys.
Halicar.
lib.
2.
:
And
this
he
seemeth
to
haue
done
by
Solons
example
,
who
made
fraternities
of
all
sorts
of
men
,
and
permitted
them
to
make
Lawes
touching
their
fraternities
,
so
they
were
not
contrarie
to
the
Law
publikely
receiued
[
k
](B13659-e110280-b)
k
Plut.
in
Solon
.
.
But
Lycurgus
did
not
prescribe
certaine
feastes
to
be
obserued
,
but
continuall
meetings
and
comessations
,
that
friendship
might
not
at
any
time
be
intermitted
.
In
other
cities
of
Greece
,
societies
called
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
and
throughout
all
Italie
sodalitia
were
obserued
.
To
this
end
and
purpose
the
Cretensians
of
all
ages
,
orders
,
and
sexe
,
did
banquet
together
in
publike
place
[
l
](B13659-e110330-b)
l
Arist.
in
polit.
.
And
in
the
famous
Citie
of
London
,
there
is
annuall
and
solemne
obseruation
of
their
feastes
in
euery
guild
,
which
mightilie
preserueth
the
wealth
,
tranquilitie
,
and
florishing
estate
of
that
citie
.
Neither
is
this
custome
dissonant
from
God
his
owne
ordinance
in
the
Iewish
common
weale
,
who
appointed
certaine
feastes
and
sacrifices
to
be
obserued
of
the
Iewes
,
that
religion
towarde
God
,
and
friendship
amongest
men
might
bee
maintained
[
m
](B13659-e110350-b)
m
Numer
.
1.
Leuit.
23.
.
But
as
to
the
making
of
priuate
Lawes
by
such
guildes
and
fraternities
,
Solons
Law
abouesaid
hath
been
obserued
almost
of
all
common
weales
:
But
the
Statute
of
15.
Henr.
6.
giueth
somewhat
a
larger
scope
to
guildes
and
fraternities
in
these
wordes
:
Guildes
,
and
fiaternities
,
and
companies
incorporate
shall
not
make
,
nor
vse
any
ordinance
,
which
may
be
to
the
diminution
of
the
Kinges
fraunchise
,
or
of
other
fraunchises
,
or
against
the
common
profit
of
the
people
,
vnlesse
it
be
first
discussed
by
the
Iustices
of
peace
,
or
the
chiefe
gouernors
of
the
village
,
and
before
them
entred
of
recorde
&c.
But
when
I
speake
of
colledges
,
companies
,
meetings
,
feastinges
,
and
assemblies
,
I
doe
with
the
maine
force
of
my
hart
exclude
vnlawfull
societies
,
conuenticles
,
and
secreat
meetinges
of
male-contents
,
phantasticall
,
and
priuate
humored
persons
:
But
to
colledges
,
fraternities
,
and
companies
erected
and
created
by
Law
,
I
see
no
reason
but
that
landes
and
yearelie
maintenance
may
be
giuen
and
allowed
vnto
them
:
yet
not
without
the
Princes
permission
,
who
for
some
speciall
causes
fore-seene
may
stoppe
and
hinder
such
donations
:
And
therefore
wiselie
by
diuers
Statutes
in
this
Realme
is
remedie
prouided
against
this
,
and
a
writ
of
Ad
quod
damnum
deuised
[
n
](B13659-e110400-b)
n
Statut.
de
Religios
.
18.
E.
3.
pro
clero
.
cap.
3.
15.
R.
2.
cap.
5.
.
Antonius
the
Emperour
did
first
of
all
permit
legacies
and
donations
to
bee
made
to
colledges
and
companies
,
excepting
the
colleges
of
the
Iewes
,
whom
notwithstanding
hee
suffered
to
meete
together
,
and
to
haue
their
synagoges
for
religious
vse
[
o
](B13659-e110420-b)
o
L.
1.
de
Iud.
C.
.
Alexander
magnus
did
bestowe
vppon
his
citie
Alexandria
,
built
at
the
seauen-folde
mouth
of
Nilus
,
manie
great
priuiledges
,
fraunchises
,
and
immunities
[
p
](B13659-e110460-b)
p
Ioseph
.
lib.
3.
bel
.
Iud.
.
So
Frauncis
the
first
,
being
the
founder
of
that
citie
which
standeth
at
the
mouth
of
Sequana
,
gaue
great
immunitie
to
such
as
should
inhabite
it
[
q
](B13659-e110490-b)
q
Bodin
.
lib.
1.
de
republ
.
c.
6.
.
And
so
diuerse
of
our
kinges
of
England
haue
bestowed
many
liberties
fraunchises
and
benefits
vpon
seuerall
citties
,
which
M.
Camden
hath
verie
profitably
&
very
learnedly
amongst
other
things
in
their
due
places
set
downe
,
whome
I
need
not
further
commende
to
my
country-men
of
England
,
to
whom
by
his
great
worth
and
desert
he
is
more
deare
and
precious
.
Quàm
si
illum
Veneris
commendet
epistola
Marti
.
But
I
will
further
proceed
in
shewing
the
great
prerogatiues
graunted
by
princes
and
other
supreame
estates
to
citties
and
corporations
:
In
all
ages
and
all
common
weales
cities
and
corporations
haue
not
only
had
their
courts
,
folkemote
,
and
the
like
,
but
euen
common
councels
(
as
they
are
commonly
tearmed
)
and
publike
meetinges
for
the
generall
good
of
the
corporations
.
For
as
great
profite
doth
arise
by
such
societies
and
meetinges
:
so
nothing
doth
more
debilitate
and
weaken
the
state
of
a
common
weale
then
the
taking
away
of
such
Councels
:
therefore
the
Romanes
,
when
they
had
ouercome
Macedonia
,
because
they
would
make
the
estate
of
it
weake
and
impuissant
,
they
did
vtterly
forbidde
all
common
Councels
,
and
publike
meetinges
:
so
they
did
when
they
had
ouercome
the
Achaeans
:
Memmius
the
Consull
(
saith
Liuie
)
did
dissolue
all
the
common
councels
of
the
particular
nations
of
Achaia
,
and
of
the
Phocensians
and
Baeotians
,
and
the
other
partes
of
Greece
[
r
](B13659-e110580-b)
r
Liui.
lib.
35
:
But
when
these
regions
and
prouinces
were
sufficiently
quieted
and
soundly
knit
to
the
bodie
of
the
Romane
Empire
:
then
(
as
Strabo
reporteth
)
their
auncient
Councels
were
restored
vnto
them
:
but
the
Romanes
did
neuer
alter
the
liberties
of
any
citie
vnlesse
they
were
abused
to
their
hurt
,
as
appereth
by
the
words
of
Florus
:
Critolaus
causa
belli
,
qui
libertate
a
Romanis
data
aduersus
ipsos
vsus
est
[
s
](B13659-e110610-b)
s
Flor.
lib.
2.
:
Neither
were
the
liberties
of
the
Aetolians
impeached
vntill
they
reuolted
to
Antiochus
,
as
Iustin
sheweth
:
Offensi
Aetóli
,
quód
non
ex
arbitrio
eorum
Macedonia
quoque
adempta
Phillippo
,
&
data
sibi
in
praemium
belli
esset
,
Antiochum
in
Romana
bella
impellunt
[
t
](B13659-e110650-b)
t
Iustin
.
lib.
3.
.
And
such
abuses
many
times
happen
in
cities
:
for
as
Liuie
that
excellent
writer
,
in
wit
diligence
and
history
,
matched
by
none
:
in
wisedome
and
grauitie
by
very
few
,
in
pietie
ouercome
onely
of
one
of
the
heathens
,
&
imperitam
multitudinem
semper
habeat
:
but
as
they
did
fauour
lawfull
and
conuenient
councels
,
so
vnlawfull
and
secrete
conuenticles
they
did
greatly
abhorre
:
wherefore
the
nocturnall
meeting
at
the
sacrifice
of
Bacchus
was
iustly
abiudicated
and
disanulled
by
the
whole
Senate
:
&
the
conuenticle
of
the
black-religioned
Brownists
by
the
L.
Archbishop
of
Canterburie
,
&
the
high
Commissioners
,
who
though
a
greater
number
of
them
were
women
&
pretended
themselues
to
be
harmeles
,
&
vnapt
to
do
hurt
;
yet
as
Liuie
saith
;
A
nullo
non
genere
summum
periculum
est
,
si
coetus
&
consilia
et
secret
as
consultationes
esse
sinas
[
x
](B13659-e110750-b)
x
Liui.
lib.
34.
:
And
this
ought
especially
to
be
feared
and
preuented
,
when
contumelious
contumacy
is
vailed
with
the
shadow
of
religion
and
reformation
:
for
as
the
same
Liuie
saith
againe
very
well
:
Nihil
in
speciem
fallacius
praua
religione
,
vbi
deorum
numen
praetenditur
sceleribus
,
subit
animum
timor
[
y
](B13659-e110780-b)
y
Liui.
li
1.
39.
:
O
lord
how
long
shall
Sathan
abuse
the
soules
created
by
thee
with
a
vaine
sophistrie
in
steade
of
true
religion
!
and
such
societies
,
and
such
families
,
whether
of
loue
,
or
of
lust
,
I
can
not
well
define
,
which
delight
in
latebris
,
are
worthy
to
be
sent
ad
carceres
,
that
they
may
there
liue
in
tenebris
:
for
it
is
fit
to
send
corrupt
humors
,
which
ouerloden
and
pester
the
bodie
in
latrinam
:
For
surely
such
Fanatickes
may
doe
as
great
hurt
in
a
common
weale
as
the
Pythagoreans
did
in
Greece
and
Italie
,
who
pretending
themselues
to
bee
professors
of
wisedome
did
bring
a
great
number
to
the
admiration
and
imitation
of
them
:
and
finding
such
strength
in
the
weakenesse
of
the
multitude
,
they
beganne
to
plant
their
ramme
and
sette
their
force
against
kingdomes
&
common
weales
,
and
had
thought
vtterly
to
haue
subuerted
them
,
but
their
companies
were
quickly
dispersed
,
and
the
greatest
parte
of
these
companions
was
destroyed
by
fire
and
sword
[
a
](B13659-e110850-b)
a
Polyb.
li.
3.
:
Now
to
speake
somewhat
of
the
liberties
of
a
citie
.
S.
Paul
when
he
was
by
the
commandement
of
the
magistrates
apprehended
,
being
accused
that
he
troubled
the
publike
tranquilitie
by
seditious
assemblies
,
professing
himselfe
to
bee
a
citizen
of
Rome
hee
appealed
to
Caesar
[
b
](B13659-e110890-b)
b
Act.
25.
v.
11
though
hee
were
by
nation
a
Cilician
,
by
bloud
an
Israelite
,
by
tribe
a
Beniaminite
,
yet
because
his
father
[
d
](B13659-e110920-b)
d
ibid.
v.
25.
.
But
because
the
abundance
of
liberties
of
all
the
cities
of
Asia
,
Africke
and
Europa
,
are
sufficiently
knowne
,
I
will
not
stay
any
longer
vpon
this
point
,
but
wil
passe
to
matters
of
greater
importance
,
and
more
difficultie
.
The
ninth
Chapter
.
That
the
distinguishing
of
demesnes
,
&
the
difference
of
the
degrees
&
callings
of
men
,
is
according
to
the
law
of
nations
.
COnfusion
breedeth
alwaies
contention
,
partition
peace
,
according
to
the
old
prouerb
,
Diuide
et
impera
:
for
which
cause
our
ancestors
did
thinke
it
best
to
distinguish
their
dominions
and
inheritances
by
lottes
and
boundaries
,
as
Abraham
&
Lot
in
Palestine
,
Masinissa
and
the
Carthaginians
in
Numidia
and
Mauritania
,
the
Romanes
and
Nolanes
in
Italie
,
the
Romanes
and
Carthaginians
in
Spayne
and
Sicilie
,
the
Emperour
Valens
and
the
Gothes
in
Missia
,
and
the
regions
on
this
side
Danubius
,
&
through
the
whole
tracte
of
the
Romane
Empire
was
a
partition
made
by
Theodosius
betwixt
his
sonne
Archadius
whom
he
prefected
ouer
Bizance
and
all
the
orientall
partes
:
and
his
other
sonne
Honorius
,
to
whom
he
allotted
Roome
,
and
all
the
occidentall
countries
:
and
so
Darius
would
haue
made
a
partition
with
Alexander
of
the
whole
world
,
that
the
one
of
them
shold
haue
all
on
the
one
side
of
Euphrates
:
the
other
all
on
the
other
side
,
yet
in
the
first
age
and
infancie
of
the
world
this
kind
of
partitioin
was
vnused
and
vnknowne
,
as
may
appeare
by
these
authorities
first
of
Virgill
,
who
saith
:
Ne
signare
quidem
aut
partiri
limite
campum
Fas
erat
.
[
a
](B13659-e111260-b)
a
Virgi
.
Georg.
1.
And
of
Tibullus
:
non
fixus
in
agris
Qui
regeret
certis
finibus
arua
lapis
[
b
](B13659-e111310-b)
b
Tibul.
1.
Elegi
.
3.
.
And
that
of
Seneca
:
Nullus
in
campo
sacer
Diuisit
agros
arbiter
populis
lapis
[
c
](B13659-e111360-b)
c
Senec.
in
Hippoli
.
act.
2.
.
yet
the
case
was
altered
when
Ouid
writ
thus
:
Gentibus
est
alijs
tellus
data
limite
certo
:
Romanae
spatium
est
vrbis
&
orbis
idem
[
d
](B13659-e111410-b)
d
Ouid.
2.
Fasto
.
.
And
vpon
good
reason
was
it
altered
,
for
as
Boetius
saith
well
:
Dimensiones
terrarum
,
terminis
positis
vag
antibus
,
ac
discordantibus
populis
pacis
vtilia
praestiterunt
[
e
](B13659-e111440-b)
e
Boeti
.
in
geomet
.
:
And
the
great
vse
of
limits
and
boundaries
Plutarch
sheweth
,
when
he
condemneth
the
vnsatiable
couetousnes
and
illimited
encroachment
or
inuasion
of
Romulus
verie
wittily
:
Noluit
Romulus
mensurâ
proprij
agri
prodere
mensuram
alieni
siquidem
virium
compedes
terminos
esse
nouit
seruarentur
,
&
iniuriae
iudicium
,
si
non
seruarentur
[
f
](B13659-e111480-b)
f
Plut.
in
Num.
&
pr.
R.
15.
.
And
this
was
the
cause
that
Numa
Pompilius
the
king
of
the
Romanes
did
cause
as
well
a
publik
perambulation
to
be
made
throughout
his
whole
kingdome
as
priuate
limitations
&
bounds
betwixt
partie
&
partie
,
and
for
the
more
solemne
and
effectuall
confirmation
and
establishing
of
this
course
he
did
dedicate
a
chappell
vpon
the
top
of
the
Tarpeian
hill
vnto
Terminus
,
and
this
idoll
was
made
of
stone
[
g
](B13659-e111520-b)
g
Plut.
in
Num.
:
He
was
set
in
a
chappell
as
not
fit
to
be
remoued
:
hee
was
made
of
stone
as
hard
to
be
remoued
:
he
was
placed
vpon
a
high
rocke
as
not
possible
to
bee
remoued
:
and
to
this
idoll
nothing
was
sacrificed
but
cakes
,
pulse
,
and
the
first
fruites
of
the
field
:
the
meaning
doubtles
of
Numa
was
good
,
if
it
had
not
beene
signified
,
&
set
forth
by
an
euill
meane
.
For
to
make
him
immoueable
was
to
good
purpose
and
agreeable
to
the
truth
of
diuine
iustice
:
Wherefore
Salamon
saith
:
that
which
also
is
commaunded
in
Deuteronomie
:
Thou
shalt
not
remoue
the
auncient
boundes
which
thy
fathers
haue
made
[
h
](B13659-e111560-b)
h
Deut.
27.
17
Prou.
22.
v
28.
&
23.
v.
10.
:
but
the
manner
of
diuiding
lands
&
dominions
according
to
the
custome
of
nations
is
fully
set
downe
by
M.
Littleton
,
though
applyed
to
another
purpose
,
&
it
is
fiue-fold
:
1.
By
setting
out
an
equal
rate
of
the
lands
to
be
diuided
.
2.
By
the
agreement
of
frends
or
intermediation
of
others
.
3.
By
casting
lots
.
4.
By
writ
de
partitione
facienda
at
the
common
law
,
&
the
action
de
herciscunda
familia
at
the
ciuill
law
.
5.
By
making
an
vnequall
partition
equall
,
by
a
forrein
reseruation
[
i
](B13659-e111600-b)
i
Littlet
.
lib.
3.
c.
1.
.
Distinctions
likewise
of
the
degrees
of
men
hath
beene
in
all
nations
,
in
all
ages
established
obserued
and
vsed
.
For
the
aduancing
of
noble
men
aboue
them
of
lesse
note
;
and
the
preferring
of
the
gentleman
before
the
yeoman
,
and
peasant
is
very
ancient
,
and
hath
beene
vniformely
reteigned
:
neither
is
it
to
bee
maruelled
at
,
for
nature
her selfe
hath
tought
the
nations
her
schollers
this
lesson
.
Trauaile
through
all
her
kingdome
,
that
is
through
the
whole
world
,
you
shall
find
this
difference
in
force
and
of
great
validitie
.
Consider
the
scituation
of
the
celestiall
orbes
,
and
ye
shall
note
,
that
the
fierie
heauen
is
placed
aboue
the
chrystaline
,
as
more
worthie
,
both
these
aboue
the
firmament
,
the
firmament
aboue
the
other
Spheares
as
surpassing
them
:
Marke
the
birdes
of
the
ayre
,
ye
shall
perceyue
that
the
Eagle
,
the
Phaenix
,
and
the
Parott
holde
preheminence
aboue
the
rest
.
Looke
vpon
the
riuers
,
ye
shall
obserue
Euphrates
in
his
forme
and
compasse
of
his
streame
to
be
more
excellent
then
Ganges
:
Ganges
better
then
Danubius
,
Danubius
better
then
Tagus
,
Tagus
then
Padus
,
Padus
then
Tempse
,
Tempse
then
Seuerne
:
Note
the
fishes
of
the
sea
:
yea
shall
find
these
to
haue
place
aboue
the
rest
the
Whale
,
the
Dolphin
,
the
Sturgeon
,
the
Salmon
,
and
the
Conger
.
Cast
an
eye
vpon
the
beastes
of
the
field
,
the
Lyons
,
the
Pardes
,
the
Elephants
,
and
Panthers
do
excell
:
looke
into
the
bowels
&
matrice
of
the
earth
,
ye
shall
haue
gold
,
siluer
,
brasse
,
to
exceed
all
other
mettals
:
search
into
the
inwards
and
the
very
closet
of
nature
,
the
best
of
the
grosser
stones
are
the
Loadstone
,
the
marble
,
and
the
Alabaster
:
amongst
the
precious
stones
,
the
Diamond
,
the
Topas
,
the
Turkoise
,
the
Smaragde
,
the
Saphire
&
the
Chrysolite
.
Wherefore
the
difference
of
estates
,
&
degrees
is
well
limited
and
expressed
by
the
custome
of
nations
&
the
discrepance
betwixt
noble
and
ignoble
well
constituted
,
which
first
I
will
generally
handle
,
&
as
it
were
opening
the
signification
of
the
words
:
and
afterward
more
fully
&
particularly
as
drawing
it
in
a
map
by
pencill
.
This
world
nobilis
if
it
be
generally
taken
,
extendeth
as
wel
to
gentlemen
as
to
them
which
by
preheminence
we
cal
noble
;
for
nobilis
is
quasi
noscibilis
either
for
his
stocke
,
or
for
vertue
:
the
nobilitie
of
stocke
or
bloud
hath
been
more
obserued
of
the
Hebrews
&
Grecians
;
of
vertue
by
the
Romanes
and
them
of
the
Northerne
regions
:
&
so
he
hath
beene
accompted
ignoble
,
who
hath
not
beene
known
,
nor
noted
for
some
eminency
,
&
rarenes
,
according
to
the
verse
:
Solus
vbi
in
siluis
Italis
ignobilis
aeuum
,
Exigerit
:
Amongest
the
Graecians
at
the
first
,
they
onelie
were
accompted
noble
,
who
could
deriue
their
pedigrees
from
kinges
or
princes
,
or
some
other
great
and
famous
men
;
as
from
Hercules
,
Cecrops
,
Aeacus
,
and
the
like
,
or
such
as
by
publike
decree
,
and
singuler
demerit
had
obteined
a
crowne
of
gold
,
or
some
statue
to
be
erected
for
them
:
And
amongest
the
Iewes
,
they
onelie
were
accompted
noble
,
which
descended
from
the
stocke
of
Aaron
,
or
the
kinges
of
Israell
and
Iuda
.
But
the
Romanes
were
farre
otherwise
minded
:
for
as
Salust
saith
,
Hostem
ferire
,
murum
ascendere
,
conspici
dum
tale
facinus
facerent
properabant
,
eas
diuitias
,
eamquè
bonam
famam
magnam
nobilitatem
putabant
[
a
](B13659-e111920-b)
a
Salust
.
in
Iugurth
.
.
And
an
other
Romane
saith
,
Genus
qui
laudat
suum
aliena
laudat
[
b
](B13659-e111950-b)
b
Senec.
.
And
an
other
namelie
Ouid
:
Nam
genus
et
proauos
&
quae
non
fecimus
ipsi
vix
ea
nostra
Sir
Philip
Sidney
,
Learninges
champion
,
Englands
miracle
,
Europes
fauorite
,
of
whom
the
wordes
of
Horace
may
be
verified
,
if
euer
they
might
be
truely
pronounced
of
any
:
Dignum
laude
virum
Musa
vetat
mori
.
I
say
they
so
much
pleased
him
,
that
he
vsed
them
for
a
mot
:
And
I
know
not
whether
Ouid
his
inuention
,
Sir
Phillippes
election
be
more
to
be
commended
:
And
nobilitie
without
vertue
and
merit
was
accompted
as
an
image
without
life
:
For
Salust
saith
,
Reliqui
sunt
inertissimi
nobiles
,
in
quibus
sicut
in
statua
praeter
nomen
nihil
est
additamenti
:
for
what
difference
was
there
betwixt
Ciceroes
statue
,
and
Ciceroes
drunken
sonne
,
sithence
both
of
them
had
the
name
,
neither
of
them
the
qualities
of
Cicero
.
But
as
well
the
Graecians
as
the
Romanes
did
agree
in
this
,
that
for
the
rewarding
of
vertue
,
and
the
honoring
of
desert
,
and
the
animating
of
others
,
they
did
allow
Scutchions
and
Armorie
,
Crestes
and
Cognisances
to
men
of
speciall
note
:
Which
our
auncestors
(
saith
Plinie
)
the
representations
of
their
dead
fathers
were
proposed
to
view
,
their
countenances
were
resembled
and
engrailed
in
their
Armorie
,
that
there
might
be
some
ornaments
to
decke
and
beautifie
the
celebration
of
publike
funerall
.
Now
to
speake
more
particularlie
of
the
degrees
of
men
,
according
to
the
Law
of
Nations
:
The
degrees
of
Citizens
are
to
be
vnderstood
these
,
which
make
a
difference
by
state
or
place
,
not
by
sexe
as
Bodinus
grosselie
imagineth
[
c
](B13659-e112160-b)
c
Bodin
.
lib.
3.
de
rep.
c.
8.
:
for
if
there
were
none
but
males
in
a
citie
,
yet
it
should
be
a
citie
:
otherwise
how
was
Rome
a
citie
before
the
entermariage
of
that
people
with
the
Sabine
dames
[
d
](B13659-e112190-b)
d
Liui.
lib.
1.
.
By
the
customes
of
Perusia
and
Florence
euery
one
that
followeth
the
standerd
,
and
is
initiated
&
entred
into
militarie
profession
doth
presentlie
of
a
yeoman
become
a
gentleman
[
e
](B13659-e112220-b)
e
Bartol.
in
lib.
1.
de
dig●it
.
ci●
.
.
But
in
Fraunce
as
Bodinus
reporteth
,
gentrie
is
not
gained
by
vndertaking
seruice
in
warre
,
but
by
continuing
in
the
same
:
if
their
issue
or
posteritie
do
also
mannage
armes
,
their
issue
and
posteritie
are
reputed
gentlemen
[
f
](B13659-e112250-b)
f
Bodin
.
lib.
3.
de
repub.
c.
8.
.
But
the
Venetians
doe
measure
gentrie
and
nobilitie
by
Senatorie
state
:
yet
I
take
it
to
be
after
the
maner
of
the
auncient
Romanes
,
who
did
not
accompt
any
Equitem
Romanum
,
which
was
not
a
Senators
sonne
:
yet
manie
meere
soldiers
were
admitted
of
the
Senate
:
Which
facilitie
of
the
Romanes
in
bestowing
dignities
,
did
afterwards
turne
to
their
great
daunger
and
molestation
:
for
C.
Marius
was
onely
a
soldier
,
hauing
spent
his
verie
Consulships
,
euen
sixe
Consulships
in
warres
,
and
the
seauenth
should
not
haue
been
vnlike
to
the
rest
,
if
God
had
not
preuented
him
by
death
:
and
continuallie
before
that
time
hee
was
employed
in
warre
,
either
vnder
Scipio
the
sonne
of
Paulus
Aemilius
,
or
some
other
great
Capitaine
:
But
this
man
being
more
in
conuaie
then
counsell
,
did
more
hurt
then
profite
the
Romane
common
weale
.
So
did
Iulius
Caesar
:
so
did
M.
Antonius
,
though
these
later
were
somewhat
more
then
meere
souldiers
.
But
amongest
the
Aegyptians
none
could
be
souldiers
,
but
the
Calasyri
,
and
many
yeares
after
when
it
was
vnder
the
dominion
of
the
Sultanes
,
the
Memmeluci
,
who
therefore
had
speciall
immunities
&
liberties
graunted
vnto
them
:
but
a
meere
souldier
amongest
the
auncient
Romanes
,
though
he
were
of
excellent
desert
,
yet
was
accompted
but
as
a
plebeian
,
and
not
noble
,
which
may
easily
appear
by
the
speech
of
L.
Siccius
Dentalus
madein
the
Senate
house
,
who
boasted
that
he
had
serued
in
warre
fortie
yeares
for
his
countrie
,
that
he
had
fought
in
an
hundred
and
twentie
battailes
,
that
he
had
receiued
fortie
and
fiue
woundes
,
and
twelue
of
them
in
one
day
,
and
all
of
them
aduerso
corpore
encountring
the
enemie
face
to
face
,
that
he
had
purchased
fourteene
cibicall
crownes
,
three
obsidionall
,
foure-score
and
three
golden
chaynes
,
a
hundred
and
three-score
golden
bracelets
,
ten
goodlie
speares
,
fiue
and
twenty
faire
and
costlie
arming
saddles
[
g
](B13659-e112420-b)
g
Dionys.
Halycar
.
:
Yet
this
man
hauing
no
other
meanes
to
attaine
to
gentrie
and
nobilitie
,
was
accompted
of
them
in
the
number
of
ignoble
persons
[
h
](B13659-e112430-b)
h
Salust
.
in
bel
.
Iugurth
.
loq
.
de
Mar.
.
Augustus
Caesar
a
notable
wise
Emperour
did
supplie
the
want
of
Senators
with
rich
men
[
i
](B13659-e112450-b)
i
Tranquil
.
in
August
.
,
though
not
verie
wise
,
because
he
perceiued
that
the
notable
order
of
Senators
,
which
stoode
much
vpon
cost
and
expence
,
(
wherupon
I
am
perswaded
these
wordes
issued
from
him
,
Duas
habeo
superbas
filias
,
Iuliam
et
Rempub.
[
k
](B13659-e112470-b)
k
Macrob.
in
Saturnal
.
)
would
otherwise
vtterlie
fall
to
the
ground
:
But
in
other
respectes
he
did
wholie
fauour
such
as
vertue
had
ennobled
.
For
Aemilius
Scaurus
,
though
he
were
a
poore
man
(
pouertie
is
no
dishonestie
)
yet
he
was
noble
[
l
](B13659-e112490-b)
l
Valer.
Max.
lib.
2.
,
for
sometime
nobilitie
is
seuered
from
riches
:
Therefore
Tacitus
saith
of
Cassius
,
and
Syllanus
:
Alter
opibus
vetustis
,
alter
generis
claritudine
excellebat
:
yet
a
man
may
be
noble
,
and
verie
rich
,
as
Tullie
saith
of
Roscius
,
That
he
was
,
nobilitate
et
pecunia
municipij
facile
primus
.
But
it
is
good
to
be
knowen
whether
base
artificers
are
to
be
enseated
,
and
bestowed
in
places
of
worth
and
credite
.
Xenophon
reporteth
that
amongest
the
Aegyptians
,
Scythians
,
Persians
,
Lacedaemonians
,
Corinthians
,
they
which
did
vse
base
and
mechanicall
trades
were
excluded
from
places
of
accompt
,
and
were
accompted
ignoble
[
m
](B13659-e112580-b)
m
Xenoph.
in
oecumen.
.
Aristotle
likewise
writeth
,
that
amongest
the
Thebanes
it
was
a
Law
,
that
no
man
could
be
admitted
to
place
of
honor
,
vnlesse
he
had
left
off
merchandize
by
the
space
of
tenne
yeares
before
[
n
](B13659-e112610-b)
n
Aristo
.
in
polit.
.
And
the
Romanes
followed
them
in
this
:
for
as
Liuie
saith
,
Quaestus
omnis
indecorus
patribus
visus
est
.
And
Hippolytus
a
collibus
writeth
,
that
it
hath
been
generallie
receiued
,
that
whosoeuer
is
a
gentleman
,
or
possessed
of
an
honorable
estate
,
beginneth
presentlie
to
be
ignoble
by
vsing
merchandize
,
vnlesse
it
be
otherwise
prouided
by
the
Statutes
of
some
particular
Prouinces
or
Cities
:
as
by
the
Statutes
of
Venice
,
of
Florence
,
of
Genoa
,
of
Luca
,
and
of
London
,
where
manie
of
their
Senators
,
magnificoes
,
clarissimoes
,
illustrissimoes
are
Merchants
[
o
](B13659-e112720-b)
o
Hippolyt
.
a
collib
.
in
lib.
de
princip.
.
And
it
is
the
rule
of
a
diuine
,
morall
,
and
politike
writer
,
that
husbandmen
,
carpenters
,
potters
,
caruers
either
in
wood
or
stone
,
and
the
like
workmen
,
are
wholie
to
be
debarred
from
honorable
or
iudiciall
places
[
p
](B13659-e112730-b)
p
Ecclesi
.
c.
38.
.
And
by
the
imperiall
Lawes
,
Merchants
may
not
be
aduaunced
to
anie
honorable
estate
[
p
](B13659-e112740-b)
p
L.
ne
quis
de
dignit
.
C.
L.
si
cohortat
.
de
cohort
.
L.
humil
.
de
incest
.
C.
:
neither
might
they
haue
anie
regiment
of
souldiers
[
q
](B13659-e112750-b)
q
L.
1.
negotiator
.
ne
milit.
C.
.
And
Plato
[
r
](B13659-e112770-b)
r
In
lib.
de
legi
.
,
Aristotle
[
s
](B13659-e112790-b)
s
Lib.
7.
polit.
c.
9.
and
Apollonius
[
t
](B13659-e112810-b)
t
Philostrat
.
,
doe
hold
merchandizing
to
be
an
enemie
to
vertue
.
Neither
will
Ciceroes
distinction
be
of
anie
force
against
them
,
where
hee
saith
:
Mercatura
si
tenuis
est
,
sordida
putanda
est
:
si
magna
,
et
copiosa
,
multa
vndique
apportans
,
multisque
sine
vanitate
impartiens
,
non
est
admodum
vituperanda
[
u
](B13659-e112840-b)
u
Cicer.
lib.
1.
offic.
:
For
though
his
commendation
of
merchandizing
bee
not
verie
great
:
yet
his
opinion
in
this
is
not
greatlie
good
:
for
Maius
et
minus
non
variant
speciem
.
And
the
ironicall
saying
of
the
pyrate
to
Alexander
,
was
a
confutation
of
this
distinction
[
a
](B13659-e112870-b)
a
Cicer.
3.
de
repub.
,
who
tolde
him
in
plaine
tearmes
,
That
because
he
did
robbe
on
the
Sea
with
one
small
pinnasse
,
he
was
accompted
a
pyrate
:
but
because
Alexander
did
the
same
with
manie
great
Gallies
,
therefore
he
was
tearmed
the
gouernour
of
a
fleete
:
For
as
Lucan
saith
well
:
Facinus
quos
inquinat
aequat
.
And
the
same
Lucan
calleth
Alexander
[
b
](B13659-e112930-b)
b
Luca.
lib.
10
,
Foelicem
predonem
,
a
fortunate
Robber
:
And
this
aunsweare
of
the
pyrate
to
Alexander
is
liked
of
Ciceto
himselfe
[
c
](B13659-e112970-b)
c
Cicer.
3.
de
rep.
,
of
S.
Augustine
[
d
](B13659-e112990-b)
d
D.
August
.
lib.
4.
de
ciuitat
.
dei
.
,
and
Alciat
[
e
](B13659-e113010-b)
e
Alci
.
1.
consi
.
1.
.
Likewise
it
hath
been
a
question
sometime
sifted
,
whether
he
that
vseth
husbandrie
may
properlie
,
and
in
strict
reason
bee
accompted
a
Gentleman
.
In
the
common
Law
wee
haue
this
rule
,
that
where
a
Gentleman
is
sued
by
the
name
of
Husbandman
,
he
maie
saie
,
that
he
is
a
gentleman
,
and
demaunde
iudgement
of
the
writte
,
without
saying
that
he
is
no
husbandman
:
for
though
a
gentleman
may
be
an
husbandman
by
the
said
Law
,
yet
he
ought
to
be
sued
by
his
more
worthie
addition
[
f
](B13659-e113030-b)
f
14.
H.
6.
15.
1.
E.
4.
2.
21.
H.
6.
55.
12.
H.
6.
8.
.
Neither
doth
our
Law
in
this
dissent
from
the
practize
of
other
Nations
.
For
Cyrus
did
verie
often
boast
of
his
labour
,
and
industrie
in
matters
of
husbandrie
[
g
](B13659-e113050-b)
g
Cicer.
lib.
de
senect.
.
And
these
noble
Romanes
,
Serranus
,
Curius
,
Cincinnatus
,
Torquatus
,
and
Cato
,
are
commended
of
Historians
and
others
,
for
this
that
they
did
establish
the
safetie
of
the
common
weale
by
their
handes
,
which
were
worne
and
growne
rough
by
the
plough
,
and
labour
of
husbandrie
[
h
](B13659-e113080-b)
h
Valer.
Max.
Varro
.
Cicer.
Liui.
Florus
.
.
In
Iewrie
and
Aegypt
how
much
it
hath
been
esteemed
may
appeare
by
this
,
that
neither
could
Phara●
pleasure
Iacob
more
to
his
contentment
:
Neither
could
Ioseph
procure
a
greater
pleasure
vnto
him
,
then
the
meadow
ground
,
and
pasturage
of
Gozan
,
in
which
hee
inioyed
the
comfort
of
his
age
.
In
Scythia
,
Arabia
,
Parthia
,
Arcadia
,
and
other
places
;
as
India
,
Thracia
,
Mesopotamia
,
Sicilia
,
&c.
Husbandrie
hath
been
greatly
practized
,
and
in
other
Nations
not
so
much
addicted
to
husbandry
,
exceedingly
praised
.
Diuines
haue
in
all
ages
&
countries
possessed
the
reputation
,
either
of
gentlemen
,
or
of
reuerend
,
right
reuerend
worshipfull
,
and
right
worshipfull
men
,
and
that
vpon
good
reason
,
which
by
and
by
,
(
God
giuing
leaue
)
I
will
demonstrate
.
Whether
Phisitians
may
beare
anie
of
these
aforesaid
titles
or
no
,
it
hath
been
in
all
ages
questioned
,
in
some
debated
,
in
this
decided
:
Though
amongest
the
auncient
Romanes
,
phisicke
was
accompted
base
and
sordid
by
the
space
of
sixe
hundred
yeares
[
i
](B13659-e113180-b)
i
L.
Thais
§
Lucius
de
fidei
commiss
.
:
yet
about
the
imperiall
time
it
was
receiued
into
the
citie
[
k
](B13659-e113190-b)
k
L.
quidem
C.
de
decuri
.
,
and
highlie
esteemed
.
But
the
Hebrewes
and
Graecians
did
alwaies
make
great
accompt
of
the
professors
of
that
science
,
and
so
did
other
nations
also
,
when
the
Arabians
first
of
all
had
seuered
Surgeans
,
Emperickes
,
and
ignorant
Apothecaries
from
Phisitions
:
But
let
their
accompt
be
great
in
a
citie
or
common
weale
,
yet
they
must
giue
place
to
the
profession
of
the
Law
,
as
being
a
princelie
discipline
,
the
center
of
common
weales
,
and
the
science
of
gouernment
,
as
I
haue
at
large
shewed
in
the
first
Chapter
of
my
direction
to
the
studie
of
the
Law
:
And
this
euen
Philosophers
haue
adiudged
[
l
](B13659-e113240-b)
l
Plat.
in
Gorg.
Aristo
.
lib.
1.
polit.
c.
vlt.
.
But
now
whether
meere
Grammarians
and
Rhetoricians
,
I
meane
sole
&
single
professors
of
these
Artes
may
challenge
to
themselues
the
title
of
gentrie
and
worship
,
it
hath
verie
much
been
doubted
.
Cicero
saith
of
Rhetoritians
:
Rhetores
M.
Crasso
,
et
Domitio
Censoribus
,
claudere
ludum
impudentiae
iussi
[
m
](B13659-e113300-b)
m
Cicer.
lib.
3.
de
orat
.
.
But
after
his
time
it
was
receiued
into
the
citie
,
and
obteined
manie
great
immunities
:
yea
euen
these
which
taught
boyes
their
Alphabet
,
or
first
letters
were
so
rewarded
[
n
](B13659-e113310-b)
n
l.
6.
de
exe
.
tut
.
l.
vlt.
in
fi.
de
mu.
et
ho.
l.
2.
p.
vlt.
de
vac
.
mu.
:
Vaspatian
graunted
and
allowed
to
Rhetoricians
great
franchises
,
and
priuiledges
,
[
o
](B13659-e113330-b)
o
Dio.
Cassi
.
in
Vespa
.
Gelli
.
lib.
1.
c.
11.
which
made
Rhetoricke
to
flourish
in
that
common
weale
in
these
times
:
[
p
](B13659-e113340-b)
p
Tacit.
lib.
11
an●al
.
For
as
Tacitus
saith
well
,
Sublatis
studiorum
pretijs
,
etiam
studia
peritura
,
vt
minus
decora
:
and
before
him
Plato
affirmed
it
:
Artes
illuc
confluunt
,
vbi
ipsarum
pretium
est
[
q
](B13659-e113390-b)
q
Plato
in
maior
.
Hippi
.
.
And
how
much
it
flourished
in
other
common
weales
may
appeare
in
that
Demosthenes
,
Aristotle
,
Demetrius
Phalereus
,
eloquent
and
wise
men
were
credited
with
the
honor
of
embassage
,
and
such
haue
beene
in
all
ages
well
esteemed
,
vnlesse
it
were
that
they
haue
miscaried
at
the
hands
of
some
couetous
churles
,
and
pennie-fathers
,
or
vainglorious
pictures
of
mankind
,
which
as
they
measure
a
mans
strength
by
his
stature
,
so
they
way
his
inward
abilitie
by
the
outward
apparell
of
his
bodie
,
whose
childish
humour
Iuuenall
gibingly
toucheth
.
didicit
iam
diues
auarus
Tantùm
admirari
,
tantùm
laudare
disertos
Vt
pueri
Iunonis
auem
.
This
is
to
esteeme
a
booke
by
the
couer
,
a
horse
by
the
his
trappinges
and
caparison
,
and
a
Greyhound
by
the
collar
:
O
quantum
est
in
rebus
inane
!
When
will
worldlings
iudge
vprightly
of
things
!
neuer
:
for
the
blind
cannot
iudge
of
colours
,
ʳ
:
and
M.
Brutus
was
wont
to
call
such
gawdie
,
&
garish
fellows
,
which
were
rather
fine
by
the
tailors
needle
,
then
the
vniuersitie
learning
,
aurcas
pecudes
.
Hauing
particularly
and
seuerally
spoken
,
and
as
it
were
by
way
of
anatomie
,
of
the
diuers
callings
,
estates
,
and
degrees
of
men
,
it
is
good
to
marshall
the
callings
and
degrees
in
order
as
well
as
I
can
conceiue
them
.
In
the
first
place
must
bee
reposed
the
person
of
the
king
,
who
as
the
image
of
God
agreeth
with
euerie
man
,
as
the
lieuetenant
of
God
with
the
magistrate
,
as
the
annointed
of
God
to
rule
&
gouerne
with
neither
of
the
former
,
but
with
God
onley
,
whose
paterne
he
is
:
after
the
king
if
we
wil
discourse
according
to
reason
&
ancient
example
the
chiefest
of
the
clergy
are
to
be
ranged
:
for
as
Iosephus
noteth
,
the
Hebrews
had
but
2.
sorts
of
nobility
the
one
sort
of
the
stock
of
kings
who
did
successiuely
reigne
:
the
other
of
the
linage
of
Aaron
which
only
were
made
priests
:
for
that
people
reposing
all
their
good
in
religion
and
the
worship
of
God
,
did
accompt
such
holy
men
to
be
very
noble
:
therfore
whensoeuer
God
did
threaten
the
destruction
,
&
ouerthrow
of
that
people
he
doth
threaten
them
thus
,
that
the
state
of
the
priest
and
vulgar
sort
of
men
shal
be
alike
[
s
](B13659-e113540-b)
s
Esa.
24.
Ose.
4.
;
and
they
which
in
ancient
time
did
inhabite
the
Cellicke
or
Northwest
part
of
France
did
preferre
their
Druidae
,
who
had
charge
of
their
sacrifices
and
iudgements
,
before
all
sorts
of
people
of
the
knights
,
and
of
the
nobilitie
[
t
](B13659-e113580-b)
t
Caes
.
lib.
6.
de
bel
.
ciu.
Plut.
in
Anton.
:
So
the
Turkes
and
Arabians
haue
appointed
certaine
great
men
called
Mophtae
to
be
their
high
priests
,
whom
they
do
greatly
reuerence
and
the
summe
of
all
weightie
ecclesiastical
matters
they
referre
vnto
them
.
The
next
place
should
be
possessed
of
Dukes
,
Marquises
,
Earles
,
Vicounts
,
Barons
,
&c.
The
tenth
Chapter
.
That
in
the
law
of
tributes
,
subsidies
,
and
prerogatiues
royal
,
all
Nations
haue
consented
.
AS
it
behoueth
euerie
Monarch
to
haue
a
watchfull
care
of
his
subiects
good
,
and
to
bend
the
force
of
his
minde
to
the
preseruation
and
maintenance
of
their
safetie
and
good
estate
:
so
subiects
should
not
grudge
to
pay
vnto
them
tributes
&
subsidies
,
and
other
publike
impositions
,
that
all
necessarie
charges
may
bee
substantially
defraied
,
al
conuenient
designes
produced
into
acte
,
and
solemnely
exploited
.
Princes
therefore
must
haue
great
care
of
the
furnishing
of
their
treasurie
;
for
who
is
ignorant
that
money
is
the
strength
and
sinew
of
a
state
,
howsoeuer
Machiauell
[
a
](B13659-e113650-b)
a
Machiau
.
in
lib.
obseru.
in
Liui.
paradoxically
would
inferre
the
contrarie
,
a
man
very
vnfit
to
defend
paradoxes
:
by
it
the
bounds
of
the
Monarchie
are
garded
,
the
pore
are
relieued
,
they
that
haue
deserued
well
are
rewarded
,
the
publike
and
necessarie
businesse
of
the
common-weale
is
dispatched
,
and
therefore
that
countrie
prouerbe
[
*
](B13659-e113660-b)
*
Pecunia
sine
peculio
fragili●
.
may
verie
well
bee
admitted
into
the
princes
eare
,
Money
without
stocke
is
frayle
and
brittle
:
And
if
warre
bee
to
bee
vndertaken
or
maintained
,
how
can
this
bee
done
without
mony
,
sithence
soldiers
are
neuer
kept
in
order
without
salarie
,
and
reward
payed
and
distributed
vnto
them
.
Consilium
principum
fuit
(
saith
Pollio
)
vt
milites
,
quo
solent
placari
genere
,
sedarentur
:
promissis
itaque
per
Martianum
aureis
vicenis
,
&
acceptis
&c.
[
b
](B13659-e113700-b)
b
Tr.
eb
.
Pollio
in
Gallien
.
Philip
king
of
Macedonia
was
wont
to
say
,
that
there
was
no
sconce
,
tower
,
or
forcelet
so
strong
,
into
which
an
Asse
lodened
with
money
might
not
enter
,
and
it
hath
beene
noted
of
Phillip
late
king
of
Spaine
,
that
he
effected
more
by
his
Indian
gold
,
then
his
Spanish
yron
.
Therefore
Horace
saith
:
Aurum
per
medios
ire
satellites
Et
perrumpere
amat
saxa
,
potentius
Ictu
fulmineo
[
c
](B13659-e113800-b)
c
Horat.
3.
Carmi.
od.
16.
.
Therefore
it
is
good
for
a
prince
in
time
of
peace
to
prouide
for
the
maintenance
of
warre
:
for
that
which
is
said
of
a
citie
or
common
weale
may
bee
applyed
to
a
prince
or
Monarch
:
—
foelix
Tempore
qui
pacis
bella
futura
timet
.
And
how
can
prouision
bee
made
for
an
armie
without
mony
,
&
how
can
an
army
fight
without
prouision
:
for
as
Cassiodorus
saith
:
Disciplinam
non
potest
seruareieiunus
exercitus
,
dum
quod
deest
semper
praesumat
armatus
,
necessitas
moderamen
non
diligit
:
one
of
the
ordinarie
meanes
vsed
in
all
kingdomes
for
the
dispatch
and
accomplishment
of
publike
affayres
hath
from
all
antiquitie
beene
tribute
payed
by
the
subiectes
to
their
prince
,
a
thing
as
ancient
,
so
necessarie
:
and
Tacitus
wisely
collecteth
the
conueniencie
of
it
:
neque
quies
gentium
sine
armis
,
neque
arma
sine
stipendijs
:
neque
stipendia
sine
tributis
haberi
possunt
[
d
](B13659-e113880-b)
d
Tacit.
lib.
5.
annal.
:
The
Romanes
did
maintaine
their
warres
by
tribute
;
for
after
Pompeies
victory
which
hee
had
against
Mithridates
,
they
had
out
of
Asia
maior
six
millions
and
a
halfe
,
out
of
the
lesser
Asia
onely
two
millions
,
which
none
will
maruell
at
,
that
knoweth
Asia
to
bee
a
fertill
and
fruitfull
countrie
,
greatly
replenished
with
the
varietie
of
the
fruites
of
the
earth
,
with
the
largenesse
of
pasture
,
and
the
ranknesse
of
the
soyle
,
and
the
multitude
of
such
thinges
as
are
transported
into
other
countries
for
sale
:
but
the
tribute
of
other
prouinces
was
so
slender
,
that
it
scarcely
sufficed
for
the
defence
and
protection
of
them
[
e
](B13659-e113940-b)
e
Cicer.
pro
leg
.
Manil.
.
And
all
France
did
not
yeelde
the
thirde
parte
of
that
tribute
vnto
the
Romanes
,
which
some
part
of
Fraunce
did
afterward
pay
vnto
their
kings
,
as
Alciat
hath
obserued
[
f
](B13659-e113980-b)
f
Alci
.
l.
27.
de
V.
S.
:
neyther
am
I
of
the
minde
of
Phillip
Commineus
,
who
denieth
generally
that
princes
may
command
tributes
[
ff
](B13659-e114000-b)
ff
Philip.
Commi
.
comment
.
:
for
I
make
no
doubt
but
a
conqueror
may
commaund
tribute
,
and
all
that
come
in
vnder
the
conquerour
by
the
law
of
nations
:
and
therefore
the
Romane
generall
saith
vnto
the
French
men
:
Iure
victoriae
tributum
vobis
addidimus
[
g
](B13659-e114020-b)
g
Tacit.
4.
histor.
:
And
Iustinian
doth
commaund
that
tributes
may
be
imposed
vpon
the
Zani
being
conquered
vt
victos
se
agnoscerent
:
and
the
Iewes
though
they
had
beene
clearly
conquered
(
for
their
citie
was
sacked
,
their
temple
possessed
,
their
Sanctum
sanctorum
looked
into
:
for
as
Florus
saith
:
Impiae
gentis
arcanum
illud
vidit
sub
aureo
vti
coelo
[
h
](B13659-e114090-b)
h
Flor.
lib.
3.
histor.
:
)
yet
craftily
after
their
manner
,
because
they
would
haue
Christ
to
haue
challenged
their
earthly
kingdome
,
by
that
mean
to
draw
him
into
hatred
with
Caesar
,
they
demaunded
of
him
whether
it
were
lawful
to
giue
tribute
to
Caesar
:
but
he
that
alway
professed
,
Regnum
meum
non
est
ex
hoc
mundo
,
gaue
them
a
bone
to
gnawe
,
Date
quod
est
Caesaris
Caesari
,
and
quod
Dei
Deo
[
i
](B13659-e114140-b)
i
Mat.
22.
:
for
in
deed
tributes
are
allowed
by
the
law
of
God
[
k
](B13659-e114150-b)
k
Deut.
20.
:
&
therefore
Cicero
saith
excellently
,
that
tribute
is
victoriae
praemium
,
poena
belli
[
l
](B13659-e114180-b)
l
Cicer.
in
verr
.
5.
:
And
Orosius
almost
as
excellently
,
that
it
is
vinculum
pacis
,
monumentum
belli
[
m
](B13659-e114210-b)
m
Oros
.
lib.
5.
c.
1.
.
And
though
the
Spaniards
,
Germanes
and
English
,
doe
seeme
rather
to
offer
a
tribute
to
their
Monarch
then
the
Monarch
to
commaund
it
,
(
for
the
curtesie
of
England
is
great
,
the
clemencie
of
their
princes
greater
)
yet
for
England
thus
much
I
dare
speake
,
&
vnder
the
rule
of
modestie
protest
,
that
sithence
the
vniuersal
conquest
of
William
,
who
first
commanded
and
imposed
tribute
vpon
this
land
(
for
conquerours
may
commaund
)
tribute
and
subsidie
haue
beene
as
iustly
both
by
the
law
of
God
,
and
the
law
of
nations
,
payed
in
England
as
in
Iewrie
,
yea
and
iustly
continued
as
a
remembrance
of
a
conquest
:
wherefore
it
is
diuinely
said
of
that
great
diuine
Tertullian
:
Agri
tributo
onusti
,
hominum
capita
stipendio
censa
,
notae
sunt
captiuitatis
:
Lands
charged
with
tribute
,
polles
with
taxe
,
are
signes
of
conquest
[
n
](B13659-e114280-b)
n
Tertull.
i●
Apolog.
.
Bodinus
in
my
mind
giueth
good
counsell
to
princes
to
set
a
great
impost
vpon
such
thinges
as
corrupt
the
manners
of
their
subiectes
,
as
namely
vppon
these
compounded
perfumes
,
these
paintings
of
the
face
,
these
Margarites
,
these
Marchpanes
,
Wines
,
[
o
](B13659-e114300-b)
o
Bodin
.
lib.
6.
de
rep.
c.
2.
and
Tobacco
:
but
vainely
and
contradictorily
to
himselfe
doth
Bodinus
say
,
that
Haec
principi
prohibenda
non
sunt
,
nec
si
velit
possit
,
prouing
it
out
of
the
fifth
booke
of
Plato
because
such
is
the
nature
of
men
,
that
these
things
quae
sanctissime
vetantur
,
auidiùs
expetant
;
By
this
reason
there
could
bee
no
fault
,
nor
default
forbidden
:
as
for
Bodinus
I
excuse
him
thus
:
Nullum
fuit
magnum
ingenium
sine
mixtura
dementiae
,
which
Seneca
obserueth
[
oo
](B13659-e114380-b)
oo
Senec.
in
fin
.
lib.
de
ira
.
:
And
as
to
Platoes
authoritie
this
is
but
errare
cum
Platone
,
Plato
did
erre
with
Plato
.
Sometime
hee
did
erre
,
as
in
the
discourse
of
intemperate
banquets
,
in
the
brutish
lust
&
inward
itch
of
Alcibiades
,
in
his
fond
&
vnclean
fables
:
&
of
Athenaeus
hee
is
more
sharpely
noted
to
bee
inuidissimus
,
rabiosé
male
dicentissimus
,
mendacissimus
,
improbissimus
,
ridicule
ambitiosissimus
:
[
p
](B13659-e114450-b)
p
lib.
4.
5.
11.
&
by
his
darke
&
amphibologicall
writing
,
he
is
said
to
be
the
cause
of
the
death
of
that
thrise-worthy
Romane
M.
Cato
,
[
q
](B13659-e114470-b)
q
Plut.
in
Cat.
whose
death
at
Vtica
gaue
him
his
dismall
name
,
and
Solons
lawes
though
hee
were
his
ancestor
,
a
great
deale
wiser
,
and
farre
more
imployed
in
matters
of
estate
,
could
not
content
him
but
hee
must
haue
visioned
lawes
,
such
as
were
neuer
vsed
sithence
his
time
,
and
therefore
as
it
is
likely
,
neuer
shall
be
vsed
:
For
what
is
it
that
hath
beene
,
that
that
shall
bee
,
and
what
is
it
that
hath
beene
done
,
that
which
shall
bee
done
:
And
there
is
no
new
thing
vnder
the
sunne
,
[
r
](B13659-e114510-b)
r
Eccleast
.
c.
1.
and
that
that
shal
be
hath
now
beene
[
rr
](B13659-e114530-b)
rr
Eccles.
c.
3.
.
But
to
come
to
my
purpose
again
,
and
to
another
prerogatiue
of
princes
.
Princes
likewise
maintayne
their
realmes
and
their
estate
royall
by
importing
and
bringing
in
such
things
,
as
be
of
value
or
price
.
Wherefore
Liuie
noteth
of
Carnileus
Consul
[
s
](B13659-e114570-b)
s
Liui.
lib.
9.
,
that
all
the
brasse
and
all
the
siluer
he
brought
into
the
treasurie
:
and
he
saith
of
Fuluius
,
that
hee
brought
out
of
Spaine
into
the
treasurie
an
hundred
fortie
two
thousand
pound
of
siluer
:
and
an
hundred
twentie
seuen
thousand
pound
of
gold
:
and
of
Camillus
[
t
](B13659-e114610-b)
t
Liui.
li.
3.
,
that
when
hee
had
ouercome
the
French
nation
beyond
the
Alpes
,
hee
brought
in
a
hundred
threescore
and
tenne
thousande
pounde
of
siluer
,
and
of
brasse
three
hundred
twentie
thousand
:
and
of
Flaminius
[
u
](B13659-e114630-b)
u
Liui.
lib.
34.
that
he
brought
out
of
Greece
eighteene
thousande
pounde
of
siluer
in
bullion
,
and
two
hundred
and
seuentie
thousand
of
plate
,
fourescore
and
foure
thousand
shillinges
,
and
three
thousand
seuen
hundredde
and
fourteene
poundes
of
golde
:
a
buckler
of
golde
entier
.
Of
Phillippes
money
a
hundred
fortie
and
fiue
thousande
pounde
,
and
an
hundred
fourteene
pounde
of
golden
crownes
,
which
the
cities
bestowed
on
him
.
And
Paulus
Aemilius
[
uu
](B13659-e114670-b)
uu
Liui.
lib.
45.
that
president
of
a
capitaine
,
when
he
had
surpised
Macedonia
,
brought
into
the
treasurie
a
thousand
and
two
hundred
sestertians
.
And
Caesar
hauing
ouercome
Fraunce
,
foure
thousand
sestertians
.
Fabius
Maximus
[
x
](B13659-e114720-b)
x
Liui.
lib.
27.
brought
in
fourescore
and
three
thousand
pound
of
golde
,
beside
great
quantitie
of
siluer
.
And
Scipio
commonlie
called
Asiaticus
[
y
](B13659-e114750-b)
y
Liui.
lib.
36.
38.
39.
did
bring
in
after
his
victorie
had
against
Antiochus
,
two
hundred
thirtie
and
three
poundes
in
golden
crownes
,
two
hundred
fortie
and
seauen
thousand
poundes
of
siluer
,
of
Phillippes
rials
a
hundred
fortie
thousand
,
and
a
thousand
and
twentie
foure
poundes
of
gold
.
Who
can
number
that
which
Cato
brought
from
Cyprus
[
a
](B13659-e114800-b)
a
Flor.
lib.
3.
:
that
which
Pompeie
[
b
](B13659-e114820-b)
b
Lucan
.
lib.
3.
brought
from
the
Easterne
&
Southern
warres
?
These
by
doing
thus
did
make
that
common
wealth
great
:
others
by
doing
the
like
may
make
others
like
.
And
Alexander
the
great
did
replenish
all
Greece
with
siluer
,
when
hee
had
atchiued
the
victorie
of
Darius
and
the
Persians
:
Looke
vpon
my
whole
armie
(
said
he
)
they
which
before
had
nothing
but
coates
of
steele
,
do
now
lye
in
siluer
beds
[
c
](B13659-e114880-b)
c
Curti.
lib.
8.
.
And
much
did
Anniball
enrich
the
Carthaginian
treasurie
,
when
after
his
victory
at
Cannae
he
sent
into
the
Senate
of
Carthage
[
d
](B13659-e114930-b)
d
Liui.
lib.
23.
,
three
strike
of
golden
ringes
,
and
so
compassed
them
by
measure
,
though
by
number
he
could
not
[
e
](B13659-e114940-b)
e
D.
Augusti
.
lib.
3.
de
ciuit
.
dei
c.
19.
.
And
in
the
holie
Scripture
it
is
reported
of
king
Salomon
:
That
the
weight
of
gold
,
which
was
brought
vnto
him
from
foreine
countries
yearely
,
did
amount
to
the
value
of
sixe
hundred
,
sixtie
and
sixe
talents
of
gold
,
beside
that
which
his
collectors
leuied
vpon
his
subiectes
,
and
tributaries
,
and
the
custome
which
he
had
of
merchants
,
together
with
the
tribute
of
the
Kinges
of
Arabia
,
and
the
Lieutenants
and
Gouernours
of
nations
any
waie
subiect
or
subordinate
vnto
him
[
f
](B13659-e114960-b)
f
2.
Chronic.
cap.
3.
3.
Reg.
cap.
10.
.
Custome
likewise
is
a
prerogatiue
and
benefit
to
which
Kinges
and
Princes
are
by
the
Law
of
nations
entitled
:
It
was
of
the
auncient
Italians
called
Portorium
,
because
it
was
to
be
taken
of
thinges
that
were
to
be
caried
out
,
and
to
be
brought
in
[
g
](B13659-e115000-b)
g
Cicer.
in
oration
.
pro
leg
.
Manil.
.
The
Turkish
Emperour
taketh
the
tenth
part
of
the
value
of
the
thinges
that
are
to
be
caried
out
of
straungers
,
and
the
twentieth
part
of
his
subiectes
[
h
](B13659-e115020-b)
h
Bodin
.
lib.
6.
de
rep.
c.
2.
.
And
the
king
of
Spaine
taketh
in
India
the
tenth
part
promiscuè
,
as
well
of
straungers
as
his
subiectes
[
i
](B13659-e115060-b)
i
The
booke
entituled
(
The
present
state
of
Spaine
.
.
And
by
the
Law
of
England
,
Merchants
strangers
being
made
denizens
,
shall
paie
custome
as
straungers
that
be
not
denizens
[
k
](B13659-e115080-b)
k
11.
H.
7.
ca.
14.
.
It
is
good
for
euerie
Prince
to
haue
speciall
care
and
regarde
of
mainteining
merchandize
,
because
by
that
meane
,
not
onelie
thinges
profitable
are
brought
into
a
kingdome
,
but
manie
thinges
are
caried
out
to
be
sold
,
and
exchanged
for
publike
good
:
and
manie
sodain
chaunces
do
arise
,
wherein
no
small
daungers
are
put
aside
by
their
meanes
.
Plutarch
reporteth
,
that
in
Solons
time
merchandizing
was
held
in
great
price
,
and
he
giueth
this
reason
for
it
,
because
by
that
meane
diuers
foreine
commodities
were
brought
in
,
friendship
was
procured
with
straunge
kinges
,
experience
in
manie
thinges
was
attained
[
l
](B13659-e115120-b)
l
Plut.
in
Solon
.
.
And
the
vse
of
merchandizing
beeing
once
taken
awaie
in
the
kingdome
of
Naples
,
was
the
cause
that
all
the
prouinciall
people
was
presentlie
brought
to
pouertie
[
m
](B13659-e115140-b)
m
Pont.
c.
45.
de
liberalit
.
.
And
for
the
alluring
of
straunge
Merchants
into
a
Realme
,
their
priuiledges
must
be
inuiolablie
obserued
,
especiallie
at
the
times
when
they
hold
their
martes
,
or
fayres
,
that
they
may
safelie
goe
,
returne
,
tarie
,
and
staie
with
their
wares
,
which
diuers
of
our
Statutes
of
England
haue
prouided
for
,
Magna
Chart.
cap.
28.
9.
E.
3.
cap.
1.
et
2.
14.
E.
3.
cap.
1.
25.
E.
3.
cap.
4.
27.
E.
3.
cap.
2.
Of
this
matter
Kings
and
Princes
should
haue
good
regarde
:
for
Platoes
admonition
is
to
be
followed
,
when
hee
saith
,
Peregrinorum
commercia
respub
.
ne
auersetur
[
n
](B13659-e115180-b)
n
Plat.
lib.
12.
de
legib.
.
And
Amásis
the
Aegyptian
king
was
so
glad
of
straungers
resort
and
their
commerce
,
that
he
graunted
to
the
Graecian
merchantes
meere
straungers
,
the
vse
and
exercise
of
their
rites
and
religion
in
their
owne
language
,
and
for
their
more
expedite
negotiation
in
that
Realme
,
there
was
a
certaine
place
appointed
,
namelie
Naucrate
for
the
receit
of
foreine
wares
[
o
](B13659-e115210-b)
o
Herodot
.
lib.
2.
.
And
Aristotle
is
of
opinion
,
that
a
principall
citie
must
be
erected
in
some
conuenient
place
wherto
thinges
which
be
necessarie
to
this
life
may
be
abundantly
conueyed
,
and
this
he
would
haue
situate
neere
to
the
sea
[
p
](B13659-e115230-b)
p
Arist.
5.
polit.
c.
7.
et
6.
politic
.
c.
7.
.
And
the
people
of
Megara
did
iustlie
complaine
against
the
Athenians
,
who
had
vtterlie
secluded
them
from
their
Hauens
,
and
from
marting
with
them
[
q
](B13659-e115260-b)
q
Plut.
in
Pericl
.
.
This
therefore
must
needes
be
a
good
meane
to
encrease
the
riches
of
a
kingdome
.
But
it
is
the
Princes
prerogatiue
to
permit
and
to
forbid
merchant
straungers
at
their
pleasure
and
discretion
:
and
therfore
the
Statute
of
Magna
charta
hath
in
it
a
good
clause
for
this
purpose
:
Omnes
Mercatores
,
nisi
ante
prohibiti
fuerint
,
habeant
saluum
conductum
exire
,
&
venire
in
Angliam
&c
[
r
](B13659-e115290-b)
r
Magn.
char.
cap.
28.
.
otherwise
some
Merchants
may
sowe
bad
seede
,
euen
the
seede
of
seducement
of
the
Princes
lieges
,
shrowding
themselues
vnder
the
curtaine
of
exposing
wares
to
sale
:
But
these
which
are
honest
Merchants
,
and
of
iust
meaning
are
not
to
be
forbidden
.
Other
benefites
,
and
prerogatiues
there
be
,
which
the
Law
of
Nations
doth
allow
to
Princes
in
regarde
of
their
exceeding
costes
and
charge
that
they
are
at
in
the
defending
,
and
gouerning
their
Realmes
:
For
though
I
haue
shewed
before
,
that
a
masse
of
wealth
almost
infinite
was
brought
into
the
Romane
treasurie
:
yet
he
that
considereth
their
great
expence
,
and
exceeding
charge
,
will
,
I
am
sure
,
confesse
,
that
this
great
wealth
had
neede
to
haue
been
verie
well
husbanded
for
the
mannaging
of
their
ordinarie
affaires
,
otherwise
it
would
neuer
haue
stretched
to
the
defrayment
of
their
charges
.
Their
forces
did
consist
of
two
hundred
thousand
foote-men
,
of
fortie
thousand
horse-men
,
three
thousand
warlike
chariots
,
two
thousand
shippes
,
a
thousand
fiue
hundreth
pinnasses
,
fourescoore
gallies
,
double
furniture
of
armourie
,
and
three
hundred
Elephants
,
and
in
their
shippes
were
a
hundred
thousand
souldiers
,
and
marriners
[
rr
](B13659-e115310-b)
rr
Lipsi
.
de
magistr.
Rom.
lib.
1.
c.
4.
5.
:
So
that
Cicero
saith
plainlie
,
that
the
Romanes
,
notwithstanding
all
their
great
reuenue
and
treasure
,
were
scarse
able
to
mainteine
their
armie
[
s
](B13659-e115340-b)
s
Cicer.
parad.
6.
.
In
consideration
of
which
great
and
extreame
charges
,
the
subiects
of
all
Nations
haue
giuen
and
yeelded
to
their
princes
,
diuers
princelie
and
roiall
benefites
and
prerogatiues
for
the
magnifying
of
their
estate
:
As
first
the
vse
and
benefit
of
salt
Mines
,
(
for
as
the
Italian
prouerbe
is
:
Vino
,
oleo
,
è
sale
suono
mercantia
reale
:
Wine
,
oile
,
and
salt
,
are
the
merchandize
roiall
.
)
And
the
Veientines
in
auncient
time
being
ouercome
of
Romulus
,
were
straitlie
forbidden
to
absteine
from
the
salt
Mines
,
which
were
about
the
mouth
of
the
riuer
[
t
](B13659-e115380-b)
t
Dionys.
Halycar
.
lib.
2.
.
And
these
salt
Mines
were
brought
into
better
forme
,
and
were
made
more
commodious
for
the
common
weale
vnder
the
reigne
of
Ancus
[
u
](B13659-e115400-b)
u
Liui.
lib.
1.
.
And
Aurelius
victor
doth
note
,
that
at
the
self
same
time
an
impost
was
made
,
and
ordeined
for
the
same
[
uu
](B13659-e115420-b)
uu
Victo
.
lib.
de
vir
.
illustr.
.
And
an
other
impost
was
made
when
Liuie
was
Censor
,
who
of
this
word
Salt
,
had
the
name
of
Salinator
giuen
him
[
a
](B13659-e115450-b)
a
Liui.
lib.
29.
.
And
Paulus
Aemilius
hauing
subdued
the
Macedonians
did
reserue
the
prerogatiue
of
salt
vnto
the
Romanes
,
and
did
forbid
the
Macedonians
to
vse
any
salt
,
that
perhaps
they
might
finde
out
,
without
the
permission
of
the
Senate
.
Yet
the
commerce
of
Salt
he
did
afford
to
the
Dardanians
or
Troians
,
the
auncient
progenitors
of
the
Romanes
[
b
](B13659-e115530-b)
b
Liui.
lib.
45.
.
And
the
Publicanes
had
Salt
in
farme
,
as
may
appeare
by
Ciceroes
report
,
and
other
authorities
[
c
](B13659-e115550-b)
c
Cicer.
pro
le
.
Ma.
l.
sed
et
hi.
D.
de
publica
.
l.
●
.
C.
pro
fo.
l.
si
quis
C.
de
vect
.
et
com
.
.
A
princelie
thing
doubtles
it
is
,
and
for
it
there
hath
been
great
contention
betwixt
great
estates
:
as
namelie
betwixt
the
Burgundians
,
and
the
Almannes
,
betwixt
the
Hermunduri
,
and
the
Catti
,
together
with
that
of
Perusia
vnder
Paulus
the
third
,
and
that
of
Fraunce
vnder
Frauncis
the
first
,
and
diuers
others
daungerous
quarrels
haue
been
about
pretensed
titles
to
Salt
[
d
](B13659-e115630-b)
d
Ammian
.
lib.
28.
Tacit.
lib.
13.
Guicciar.
lib.
12.
14.
16.
18.
19.
.
Neither
is
it
to
be
meruailed
that
Princes
make
so
great
accompt
of
it
:
for
Homer
accompted
it
diuine
,
if
it
be
true
which
Plutarch
reporteth
of
him
[
e
](B13659-e115660-b)
e
Plut.
in
symp
.
5.
q.
8.
.
But
what
shall
we
saie
now
of
the
other
entralles
of
the
earth
:
as
Pitch
,
Chalke
,
lyme
,
quarrie
stone
,
brimstone
,
and
the
like
:
As
for
gold
and
siluer
I
make
no
question
,
but
by
the
Law
of
nations
they
belong
to
the
Prince
.
I
would
aske
this
question
,
Sithence
God
hath
treasured
in
the
mines
gold
&
siluer
,
&
other
mettals
:
for
whom
hath
he
treasured
them
?
if
all
the
Mines
of
gold
&
siluer
should
be
in
the
lands
of
one
subiect
:
is
it
lawfull
for
him
to
coine
money
of
this
siluer
&
gold
?
no
verilie
,
as
may
appeare
by
that
question
of
our
Lord
and
Sauior
,
when
he
asked
whose
stampe
or
impression
the
money
did
beare
[
e
](B13659-e115670-b)
e
Matt.
22.
ver.
20.
,
what
shall
he
then
do
with
it
?
shall
he
make
plate
of
it
:
by
this
mean
a
subiect
shall
haue
plate
,
&
the
king
none
,
which
is
not
conuenient
:
Therfore
I
take
the
iudgment
giuen
in
the
case
betwixt
the
Q.
Maiestie
&
the
Earle
of
Northumberland
,
touching
the
title
of
these
roiall
Mines
to
be
sound
and
grounded
vpon
inuincible
reason
:
howbeit
the
graunt
was
omnium
et
singularum
Minerarum
:
for
the
diuersitie
is
there
by
Wray
well
taken
,
that
there
be
two
sorts
of
Mines
,
mines
roiall
,
&
base
mines
;
Now
mines
roiall
may
be
subdiuided
into
two
other
kinds
,
those
which
contein
in
them
siluer
or
gold
entierlie
:
or
which
haue
brasse
or
copper
in
them
,
and
haue
some
vaines
of
gold
intermixed
,
both
these
belong
to
the
Prince
:
for
the
gold
as
magis
dignum
attrabit
ad
se
minùs
dignum
:
But
such
as
haue
in
them
meerly
brasse
,
iron
,
copper
,
or
lead
,
may
belong
vnto
a
subiect
by
special
title
[
f
](B13659-e115710-b)
f
10.
Eliz.
Com̄
310
:
Informac
.
pur
Mines
.
,
notwithstanding
Dio
a
wise
&
iudicial
writer
maketh
all
Mines
of
mettall
in
general
publike
,
as
belonging
to
the
Prince
or
common
weal
[
g
](B13659-e115730-b)
g
Dio
lib.
52.
.
And
mines
of
Pitch
Cicero
allotteth
to
the
Prince
by
the
like
censure
[
h
](B13659-e115750-b)
h
Cicer.
in
B●ut
.
.
And
doubtles
there
is
great
reason
for
their
opinion
,
because
it
should
seeme
that
these
mettalles
were
created
of
God
,
not
for
a
priuate
,
but
a
publike
vse
at
the
first
:
for
iron
and
steele
do
principallie
serue
for
armour
,
and
there
is
a
rule
in
the
Ciuill
Law
,
De
armis
publice
asseruandis
[
i
](B13659-e115770-b)
i
Nou.
85.
.
Pitch
is
principallie
ordeined
for
the
glewing
together
of
the
bordes
of
shippes
,
and
shippes
were
principallie
ordeined
for
the
common
weale
.
Copper
and
Brasse
haue
in
all
ages
and
common
weales
been
compaignions
of
the
aforesaid
Mettals
,
and
haue
been
vsed
with
them
,
and
passed
with
them
as
the
shaddow
with
the
bodie
.
Yet
if
a
Prince
haue
transmitted
his
title
or
right
vnto
the
base
Mines
to
anie
of
his
subiectes
,
I
think
he
cannot
by
roiall
claime
wrest
them
out
of
his
handes
.
And
this
Suetonius
reckoneth
as
one
of
the
concussions
of
Tiberius
,
who
tooke
from
cities
and
priuate
men
the
Mettals
in
which
they
were
lawfullie
interested
[
k
](B13659-e115800-b)
k
Suetoni
.
in
Tiber.
c.
49.
.
And
Laurentius
Medices
hath
been
touched
likewise
for
the
same
fault
[
l
](B13659-e115820-b)
l
Molin
ad
Dec.
cons.
292.
,
that
the
landes
and
goods
of
Traitors
and
Felons
doe
by
the
Law
of
Nations
belong
to
the
king
or
Monarche
hath
been
afore
cleerelie
prooued
in
the
second
Chapiter
of
this
Treatise
.
But
what
shall
we
saie
of
Treasure
found
in
the
earth
will
not
the
Law
of
Nations
assigne
it
to
the
Prince
?
Yes
verilie
,
notwithstanding
Plato
his
straunge
conceit
,
that
they
should
be
immobiles
,
and
Dijs
inferis
sacri
:
for
should
there
be
no
vse
of
so
pretious
thing
,
and
one
of
the
most
gorgeous
creatures
of
God
.
It
is
an
argument
of
a
froward
&
a
brutish
humour
to
make
vse
of
quarrie-stone
&
not
pretious
stone
,
of
coal
,
and
not
of
gold
.
The
Romanes
were
as
superstitious
as
Plato
,
but
a
great
deale
wiser
,
for
they
dedicated
a
temple
to
Pecunia
that
they
might
be
pecuntosi
,
stored
with
money
[
m
](B13659-e115900-b)
m
D.
Augstin
.
lib.
4.
de
ciuit
.
dei
.
c.
21.
.
Wherefore
Iuuenall
by
his
leaue
was
deceiued
,
when
he
writ
:
—
etsi
funesta
pecunia
templo
,
Nondum
habitas
,
nullas
nummorum
ereximus
aras
[
n
](B13659-e115950-b)
n
Iuuen.
Satyr.
1.
.
But
it
is
no
meruaile
if
this
poet
were
ignorant
that
it
was
idolized
:
for
Varro
writeth
,
that
to
many
of
the
learned
their
gods
,
their
sacrifices
and
ceremonies
were
hidden
and
vnknowne
,
but
M.
Stamfords
reason
wherefore
treasure
should
belong
to
the
king
is
vnanswerable
,
and
it
is
this
quia
dominus
rei
non
apparet
,
ideo
cuius
sit
incertum
est
[
o
](B13659-e115990-b)
o
22.
Assis
.
pl.
99.
:
and
it
is
a
currant
rule
in
all
nations
,
In
ambiguis
casibus
semper
praesumitur
pro
rege
.
Adrianus
Caesar
made
a
lawe
as
Spartianus
reporteth
,
that
if
any
man
had
found
treasure
in
his
owne
ground
himselfe
should
haue
it
:
if
in
an
other
mans
hee
shall
giue
the
half
to
the
owner
of
the
soile
:
if
in
a
publike
place
he
shall
diuide
it
equally
with
the
treasurie
.
This
law
was
abrogated
by
other
lawes
following
,
and
reuiued
by
Iustinian
,
but
now
and
long
time
agoe
the
ciuill
law
hath
transferred
it
to
the
prince
in
whose
realme
it
is
found
[
p
](B13659-e116030-b)
p
l.
3.
§.
Nerati
.
D.
de
acqui
.
posses
.
:
and
it
is
a
firme
conclusion
in
the
common
law
:
Quòd
the
saurus
competit
domino
regi
,
&
non
domino
libertatis
,
nisi
sit
per
verba
specialia
[
q
](B13659-e116050-b)
q
Fitzh
.
Coro
.
281.
436.
.
The
eleuenth
Chapter
.
That
all
Nations
haue
both
secretly
and
by
the
course
of
their
ouert
actions
,
acknowledged
and
yeelded
to
the
truth
of
the
lawes
and
commandements
of
the
2.
table
of
the
decalogue
.
HOw
far
the
light
of
nature
stretcheth
,
may
appeare
by
the
liues
of
vertuous
heathen
men
,
who
knowing
that
the
sixe
last
precepts
,
which
almightie
God
prescribed
to
his
people
were
to
bee
obserued
and
kept
,
yet
wanted
grace
to
refer
them
vnto
God
,
who
ought
to
bee
the
marke
of
all
our
actions
,
and
in
regard
of
whom
only
they
may
be
tearmed
good
:
&
M.
D.
Barlow
in
his
deep
&
learned
discourse
against
the
shallow-headed
Papist
reasoneth
soundly
and
prooueth
by
the
Apostles
words
,
quidquid
non
est
ex
fide
est
peccatum
,
&
by
other
vndeniable
proofes
that
such
works
could
not
be
acceptable
to
God
,
because
howsoeuer
they
proceeded
from
God
,
yet
they
were
not
referred
to
the
glorie
of
God
:
for
though
God
moued
them
to
doe
well
,
and
some
of
them
confessed
:
Est
deus
in
nobis
agitante
calescimus
illo
:
yet
before
the
end
he
left
them
,
because
vainglory
was
their
end
,
and
so
they
did
their
suite
at
a
wrong
court
.
But
now
let
vs
particularly
examine
the
obseruation
as
wel
of
the
gentiles
and
Christians
of
these
commaundements
and
ordinaunces
.
The
obedience
that
children
ought
to
giue
to
their
parents
hath
bene
straitly
commaunded
by
God
and
seuerely
enioyned
by
Emperours
[
a
](B13659-e116140-b)
a
Exod.
20.
v.
12.
Deut.
5.
v.
16.
Acto
.
4.
19.
Pompon
.
l.
2.
ff.
de
iust
.
et
iur
.
pius
Imperat
.
l.
1.
C.
de
alen
.
lib.
:
and
Homer
diuinely
according
vnto
the
wordes
of
this
precept
doeth
threaten
that
the
life
of
disobedient
children
shall
not
be
long
[
b
](B13659-e116160-b)
b
Homer
.
in
Iliad
.
:
&
Plato
hath
an
excellent
speech
to
this
purpose
:
He
which
mainteineth
his
parents
when
they
are
old
in
his
house
let
him
thinke
that
his
house
shal
be
neuer
be
possessed
of
the
like
ornament
[
c
](B13659-e116190-b)
c
Plat.
lib.
11.
de
legi
.
:
therefore
it
hath
beene
ordeined
of
God
,
that
children
which
were
disobedient
to
their
parents
,
should
be
punished
of
the
magistrate
[
d
](B13659-e116200-b)
d
Deuter.
21.
v
18.
,
&
his
iudgement
is
thus
set
downe
:
If
any
man
haue
begotten
a
stubborne
and
froward
child
which
will
not
obey
his
father
&
mother
,
&
being
corrected
continueth
still
in
disobedience
,
let
them
bring
him
to
the
elders
of
the
citie
,
and
to
the
iudgement
gate
,
and
the
father
shall
say
to
the
people
:
this
our
sonne
is
stubborne
and
despiseth
our
admonitions
,
and
giueth
himselfe
to
riot
and
incontinencie
,
then
the
people
shall
stone
him
,
and
he
shall
dye
:
that
the
euill
may
bee
taken
from
the
middest
of
you
:
Yea
euen
they
which
had
only
curst
their
parents
were
adiudged
to
death
:
In
former
time
hee
that
had
slain
his
father
or
mother
grandfather
or
grandmother
,
was
first
bet
with
rods
vntil
the
blud
trickled
downe
,
&
then
being
thrust
into
a
sacke
together
with
a
dogge
,
a
cocke
,
and
a
snake
,
hee
was
throwne
into
the
bottome
of
the
sea
,
and
by
Pompeis
law
it
was
prouided
,
that
if
the
sea
bee
not
neare
,
he
should
be
throwne
out
to
deuouring
beasts
.
At
Rome
this
fact
was
not
heard
of
,
till
L.
Ostius
did
slay
his
father
,
which
happened
after
Hannibals
warre
[
e
](B13659-e116270-b)
e
Plut.
in
Rom.
l.
1.
Et
l.
paena
.
ff.
ad
l.
Pomp.
de
parricid
.
Cicer
in
oration
.
pro
Rosc
.
Amerin
.
et
in
orator
.
:
And
Plato
his
law
is
,
that
if
a
man
in
his
furie
or
madnes
do
kill
his
father
or
mother
,
and
they
before
their
death
do
pardon
him
the
fault
,
yet
he
is
to
be
adiudged
guilty
of
slaughter
,
of
impietie
,
of
sacriledge
[
f
](B13659-e116290-b)
f
Pl.
lib.
11.
de
legi
.
.
But
what
shall
wee
say
of
Orestes
,
who
did
slay
his
mother
because
she
did
slay
his
father
:
though
there
bee
diuers
opinions
which
do
acquite
Orestes
,
as
namely
the
opinions
of
Cicero
[
g
](B13659-e116330-b)
g
Cicer.
in
Milon
.
,
Paterculus
[
h
](B13659-e116350-b)
h
Paterc
.
lib.
1.
,
and
Quintilian
[
i
](B13659-e116370-b)
i
Quintil.
lib.
5.
c.
11.
:
yet
against
them
are
Socrates
[
k
](B13659-e116390-b)
k
Plat.
in
2.
Alcibiad
.
,
Diodorus
[
l
](B13659-e116410-b)
l
Diodor.
l.
5.
,
&
Aristotle
[
m
](B13659-e116430-b)
m
Aristot
.
l.
2.
Rhetoric
.
c.
5.
,
but
why
shold
we
depend
vpon
the
iudgement
of
man
in
this
case
,
when
it
is
manifest
that
the
iudgement
of
God
was
in
the
highest
degree
,
if
we
respect
the
paines
of
this
life
onely
,
executed
vpon
Orestes
:
for
he
was
plagued
with
madnesse
a
terrible
signe
of
the
reuenging
wrath
of
God
.
And
murder
hath
beene
so
much
detested
that
,
a
beast
which
had
slaine
a
man
was
commanded
to
bee
stoned
,
and
that
his
flesh
should
not
bee
eaten
[
n
](B13659-e116460-b)
n
Exod.
21.
v.
28.
and
by
the
ciuill
law
if
a
man
be
bitten
of
an
other
mans
dog
,
the
owner
of
the
dog
is
chargeable
vnto
him
that
is
hurt
,
because
hee
did
not
tie
vp
his
dogge
or
musle
him
[
o
](B13659-e116470-b)
o
l.
1.
§.
sed
etsi
canis
,
ff.
si
quadrup
.
pauper
fecer
.
:
therefore
Solon
deuised
a
pretie
punishment
of
such
wronges
,
namely
that
the
dogge
who
had
by
byting
hurt
any
man
should
haue
a
clogge
of
foure
foote
tyed
to
his
necke
,
and
so
should
be
yeelded
vp
into
the
hands
of
him
whom
he
had
hurt
,
which
Plutarch
calleth
bellum
commentum
ad
securitatem
[
p
](B13659-e116510-b)
p
Plut.
in
Solon
.
.
They
which
had
killed
a
man
in
Greece
did
vsually
flie
to
forreigne
princes
,
and
there
if
hee
who
was
slaine
was
a
stranger
,
they
vsed
to
sitte
at
the
threshold
of
the
dore
with
his
head
couered
with
the
sword
wherewith
he
was
slaine
:
if
hee
were
one
of
the
same
countrie
,
the
sword
was
broken
in
two
,
and
the
point
of
the
sword
was
helde
vnder
one
arme
,
the
hilt
vnder
the
other
[
q
](B13659-e116530-b)
q
Sophocl
.
:
a
lamentable
sight
no
doubt
,
but
done
to
this
purpose
,
that
they
which
had
slaine
the
men
might
by
these
forraine
princes
haue
expiation
of
their
fault
,
which
expiation
was
fully
as
bad
or
rather
worse
than
the
murther
;
for
the
princes
who
were
to
expiate
them
,
did
by
inchantments
inuocate
and
make
suite
to
the
wicked
spirites
,
that
they
may
absolue
them
from
the
fault
which
is
done
by
sprinkling
them
seauen
times
with
water
,
the
predecessor
of
the
Popes
holiwater
,
and
to
this
feate
seauen
garments
were
therewith
sprinckled
,
then
they
kill
a
swine
,
a
fitte
sacrifice
for
the
deuill
:
then
they
call
vpon
Iupiter
Hospitall
,
praying
him
that
he
wold
not
vexe
with
furie
the
party
that
had
offended
:
thus
the
absolution
is
worse
then
the
offence
,
and
like
to
that
of
the
merry
Monke
:
Absoluo
te
ab
omnibus
benefact
is
tuis
,
&
peiorem
te
relinquo
quàm
accepi
[
r
](B13659-e116560-b)
r
Erasm.
in
colloqu
.
.
Then
there
are
boughes
spread
along
the
houses
,
that
the
deuill
might
tread
soft
.
Some
of
them
washed
themselues
in
the
sea
,
till
they
had
almost
drowned
themselues
:
murder
is
the
forerunner
of
death
:
and
that
foolish
solemnitie
Catullus
glaunceth
at
:
Nec
genitor
Nimpharum
abluat
Oceanus
,
Likewise
Ouid
:
Ah
nimium
faciles
qui
tristia
crimina
caedis
Fulminea
tolli
posse
putatis
aqua
.
after
this
manner
Adrastus
fled
from
Thebes
to
Tydeus
:
Peleus
fled
to
Patroclus
,
when
hee
being
but
a
boy
had
slaine
Clesonynus
a
boy
likewise
:
&
Paris
though
he
had
stolne
away
Helena
the
wife
of
Menelaus
;
yet
when
hee
had
slaine
Antheus
Antenors
sonne
,
whom
he
loued
,
he
fled
to
Menelaus
(
a
great
iudgement
of
God
)
his
very
enemie
for
expiation
,
like
to
that
iudgement
of
the
almighty
executed
vpon
Cosby
an
Irish-man
,
who
when
he
had
slaine
the
towardly
Captaine
the
Lord
Burgh
,
sought
by-pathes
,
and
had
thought
to
haue
fled
from
the
slaine
body
,
as
farre
as
the
Sunne
is
from
the
Moon
,
but
the
Lord
put
a
ring
into
his
snowt
,
and
brought
him
backe
againe
,
almost
as
neere
to
the
murthered
Lord
as
the
grasse
is
to
the
earth
:
a
fit
admonition
for
these
times
wherein
homo
sacra
res
per
iocum
occiditur
[
s
](B13659-e116760-b)
s
Senec.
lib.
de
ir
.
:
In
Egipt
and
Babilon
he
which
had
slaine
a
man
did
penance
by
doing
pilgrimage
on
the
mountaines
,
and
then
sacrificing
vpon
the
tombe
of
the
dead
,
and
so
being
cleansed
of
the
Gymnosophistes
.
The
Persians
vnder
the
reigne
of
Semiramis
did
shaue
the
head
of
him
that
had
slaine
an
other
and
confiscated
his
goodes
:
and
caused
him
to
go
vppon
burning
coales
or
firebrandes
,
and
then
sprinckled
him
with
water
,
the
patterne
of
the
Popes
purgatorie
[
t
](B13659-e116810-b)
t
Sard.
Ferrar.
de
mor.
gent.
:
The
Iewes
did
vsually
kill
such
by
sword
or
by
rope
[
u
](B13659-e116820-b)
u
Card.
Sigogoni
.
in
lib.
de
rep.
Hebr.
:
according
to
the
commaundement
of
God
.
Qui
effuderit
sanguinem
hominis
in
homine
,
sanguis
eius
effundetur
,
quia
ad
imaginem
Dei
fecit
hominem
[
x
](B13659-e116840-b)
x
Genes
9.
v.
6.
Matt.
26.
v.
52.
.
How
murther
hath
beene
punished
by
the
ciuill
law
,
the
canon
law
,
and
the
common
law
of
this
realme
,
I
haue
shewed
I
hope
sufficiently
in
my
Parallele
of
the
lawes
,
so
that
I
shall
not
need
here
to
rowle
the
same
stone
.
After
the
hurt
of
a
mans
owne
bodie
,
nothing
can
happen
to
him
worse
then
the
abusing
of
the
bodie
of
his
wife
:
for
(
as
Salomon
saith
)
iealousy
is
the
rage
of
a
man
,
therefore
he
will
not
spare
in
the
day
of
vengeance
[
a
](B13659-e116870-b)
a
Prouerb
.
6.
v.
34.
.
This
last
did
first
cause
the
diluge
:
and
after
the
diluge
,
the
destruction
of
the
people
of
Sodom
and
Gomorra
voluptuously
mingling
themselues
with
the
women
of
the
Moabites
,
where
there
were
twentie
and
foure
thousand
slaine
[
b
](B13659-e116900-b)
b
Num.
25.
v.
9.
:
For
the
vncleannesse
of
the
Gabeonites
with
the
Leuites
wife
,
the
whole
tribe
of
Beniamin
was
destroyed
[
c
](B13659-e116920-b)
c
Iud.
20.
:
By
the
law
of
Moises
if
any
had
committed
adulterie
with
another
mans
wife
,
the
adulterer
,
and
the
adulteresse
were
both
condemned
to
death
[
d
](B13659-e116940-b)
d
Leuit.
20.
v.
10.
:
&
so
was
adulterie
punished
by
the
Romane
lawe
called
the
law
Iulia
howsoeuer
it
slept
in
Iuuenall
his
time
,
one
that
had
beene
wanton
himselfe
:
Vbi
nunc
lex
Iulia
?
dormis
?
yet
after
this
law
was
recalled
by
the
Emperour
Alex
:
[
e
](B13659-e116990-b)
e
l.
Castil
.
C.
ad
l.
Iul.
de
adulter
.
therefore
Constantine
did
punish
sacrilegious
destroyers
of
marriage
by
the
sword
[
f
](B13659-e117010-b)
f
l.
quamuis
.
c.
eo
.
:
therfore
the
Popes
stewes
are
to
be
abandoned
,
by
whose
contagion
all
Europe
hath
offended
:
Let
his
holines
&
his
fulminant
foolish
deity
as
well
in
all
other
respects
as
in
this
,
bee
measured
by
the
law
of
God
,
and
it
will
appeare
to
bee
abomination
by
the
law
of
nations
and
desolation
by
the
law
of
God
,
which
all
nations
owe
vnto
him
.
God
hath
said
.
Non
erit
meretrix
in
Israel
,
nec
scortator
[
g
](B13659-e117040-b)
g
Deut.
23.
v.
17.
.
By
the
imperial
law
it
is
forbidden
,
that
no
bawdrie
should
be
exercised
,
or
any
stewes
suffered
in
any
place
through
the
whole
Romane
Empire
[
h
](B13659-e117050-b)
h
Nouell
.
Const.
14.
:
Lactantius
writeth
[
i
](B13659-e117070-b)
i
Lact.
lib.
6.
c.
23.
that
the
deuill
consecrateth
stewes
(
as
the
Pope
doth
Iesuites
and
Seminarie
priests
,
the
one
for
spirituall
lust
and
idolatrie
,
or
if
that
faile
,
for
treason
:
the
other
for
carnall
)
that
he
may
solemnely
laugh
both
at
the
adulterer
and
the
adultresse
,
and
so
make
a
banquet
of
both
,
which
is
signified
by
the
Italian
by-word
.
The
woman
is
the
fire
,
the
man
is
the
roast-meate
,
in
commeth
the
deuill
,
and
he
playeth
the
cooke
.
[
k
](B13659-e117090-b)
k
Flor.
giardin
.
de
recreat
.
In
Germany
they
vse
to
cut
off
the
heare
of
an
adultresse
,
and
the
husband
whippeth
her
out
of
his
house
through
the
streete
[
l
](B13659-e117110-b)
l
Far.
lib.
de
mor.
gent.
:
and
I
haue
seene
some
of
them
balded
here
in
Englande
with
a
white
sheete
on
their
shoulders
on
the
market
daie
:
but
that
custome
is
now
,
as
far
as
I
can
perceiue
disused
:
I
could
wish
that
it
were
recontinued
,
that
we
might
know
a
knaue
and
a
queane
by
their
coloures
.
And
they
were
wont
likewise
to
haue
a
bell
runge
before
them
,
which
was
a
custome
vsed
amongest
the
Romanes
,
as
Perseus
sheweth
,
who
because
it
was
wont
to
be
runge
at
nine
of
the
clocke
,
calleth
them
therefore
Nonarias
,
a
custome
discountenanced
and
broken
by
Theodosius
,
but
for
what
reason
I
know
not
:
shall
we
vse
nothing
that
the
Gentiles
haue
vsed
?
Mahomets
law
is
too
light
for
this
fault
:
for
the
adulterer
is
punished
but
with
an
hundred
stripes
.
But
in
Aegypt
in
auncient
time
he
had
a
thousand
,
and
the
nostrils
of
the
adulteresse
were
slitted
.
Solons
punishment
likewise
was
too
light
,
yea
,
and
against
reason
,
who
imposed
vpon
him
that
rauished
a
maide
,
the
mulcte
of
ten
groates
,
vpon
him
that
allured
a
maide
to
naughtines
twentie
.
But
in
Athens
afterward
the
rauishour
was
punished
with
death
,
if
the
rauished
partie
would
not
marie
him
[
m
](B13659-e117210-b)
m
Far.
lib.
de
mor.
gent.
.
In
the
prohibition
of
theft
,
all
Nations
haue
likewise
consented
.
They
that
steale
a
sheep
out
of
the
flocke
,
or
an
oxe
out
of
the
heerd
,
are
both
by
the
Ciuill
and
common
Law
theefes
.
[
n
](B13659-e117230-b)
n
Vlp.
lib.
1.
ff.
de
abig
.
They
which
steale
Doues
out
of
a
douecote
,
are
by
the
ciuill
Law
accompted
theefes
[
o
](B13659-e117240-b)
o
Instit
de
rer.
diuisi
.
§.
serm.
l.
3.
.
But
by
the
common
Law
,
felonie
cannot
be
committed
by
the
taking
of
beastes
that
be
sauage
,
if
they
be
sauage
[
p
](B13659-e117270-b)
p
18.
H.
8.
2.
22.
Ass.
pl.
95.
.
And
the
stealing
of
a
Doe
which
is
tame
and
domesticall
is
felonie
.
But
as
Mast.
Stamford
well
noteth
,
it
seemeth
that
he
that
stealeth
it
should
haue
certaine
knowledge
that
it
is
tame
:
but
if
the
Doe
be
killed
,
and
then
stolen
,
this
is
certainlie
felonie
[
q
](B13659-e117290-b)
q
Stamf.
lib.
1.
cap.
16.
.
And
he
that
theeuishlie
cutteth
a
mans
vines
,
by
the
ciuil
Law
is
punished
as
a
theefe
[
r
](B13659-e117300-b)
r
L.
scien
.
ff.
arbor
.
furt
.
caes
.
.
And
by
the
Law
of
the
twelue
Tables
,
if
anie
man
did
cause
his
beastes
to
feede
vpon
,
or
himselfe
did
cut
and
carie
awaie
Corne
growing
vpon
the
ground
,
if
he
were
of
full
age
he
was
ordeined
to
be
hanged
and
to
be
sacrificed
to
Ceres
,
if
not
;
he
was
whipped
,
and
did
yeeld
either
the
dammage
:
or
if
he
were
obstinate
,
the
double
.
Wherein
the
Decem-virs
did
seeme
to
haue
imitated
the
seueritie
of
Draco
,
who
did
inflict
no
lesse
punishment
vpon
the
stealers
of
grapes
and
hearbes
,
then
vpon
homicides
,
and
sacrilegious
persons
:
But
the
Romanes
succeeding
altered
this
,
and
inflicted
no
other
punishment
then
that
which
is
aboue
mencioned
to
be
imposed
vpon
him
,
who
is
within
age
:
But
as
the
Law
of
Moses
[
s
](B13659-e117360-b)
s
Deut.
23.
ver.
penult.
et
vlt.
,
so
it
seemeth
the
Law
of
Nations
did
permit
a
trauailer
to
relieue
his
hunger
,
and
to
taste
so
manie
grapes
as
his
present
vse
did
require
,
but
not
to
take
them
awaie
with
him
.
But
by
the
common
Law
,
if
a
man
cut
Trees
,
and
at
the
same
time
carrie
them
awaie
,
this
is
not
felonie
,
but
a
trespasse
:
But
if
they
lie
vpon
the
ground
a
long
time
as
the
goods
of
the
owner
of
the
soyle
,
this
is
felonie
[
t
](B13659-e117370-b)
t
22.
E.
3.
Corone
256.
10.
E.
4.
15.
Stamf.
25.
.
The
Praetors
of
Rome
did
punish
a
theefe
poena
quadrupti
:
and
the
Iewes
with
the
seauen-folde
,
or
if
his
goodes
would
not
amount
to
so
much
,
with
all
the
substance
of
his
house
[
u
](B13659-e117410-b)
u
Prouerb
.
6.
vers.
31.
.
They
of
Mysia
do
break
the
legges
of
theefes
[
uu
](B13659-e117430-b)
uu
Far.
lib.
2.
c.
26.
.
The
Scythians
do
punish
petie
larceners
with
whippes
:
But
if
a
thing
of
good
value
be
taken
awaie
,
they
must
render
the
nine-folde
,
or
els
be
put
to
death
[
a
](B13659-e117450-b)
a
Far.
lib.
.
Amongest
the
Phrygians
he
was
put
to
death
that
stole
anie
instrument
of
husbandrie
,
or
did
kill
an
oxe
that
was
fit
for
the
plough
:
because
the
liuing
of
these
countrie-people
did
much
consist
of
husbandrie
[
b
](B13659-e117470-b)
b
id
.
ibid.
.
As
in
Halyfax
,
he
that
stealeth
but
a
yard
of
cloth
is
presently
put
to
death
:
because
the
whole
liue-lode
of
the
most
of
them
resteth
incloth
.
And
as
to
the
interdiction
of
false
witnesse
or
testimonie
,
all
Nations
haue
subscribed
.
The
Graecians
did
enforce
their
witnesses
to
sweare
at
the
altar
.
And
Plato
saith
,
that
witnesses
were
wont
to
sweare
by
Iupiter
,
Apollo
,
and
Themis
:
signifying
contra
ius
diuinum
&
humanum
:
signifying
by
Iupiter
that
they
should
not
escape
the
reuenge
of
the
wrath
of
God
:
by
Apollo
that
their
falshood
and
periurie
could
not
be
concealed
:
and
one
witnesse
that
hath
seene
a
thing
done
,
hath
beene
more
credited
then
ten
that
doe
onely
testifie
by
heeresay
.
Pluris
est
oculatus
testis
vnus
,
quàm
auriti
decem
saith
Plautus
[
d
](B13659-e117610-b)
d
Plaut.
in
Trucu
.
.
And
to
this
purpose
Homer
did
imagine
two
gates
of
dreames
:
one
made
of
iuorie
by
which
false
shadowes
did
passe
,
the
other
of
horne
by
which
true
:
By
the
iuorie
he
meant
the
teeth
,
signifying
that
by
report
manie
fables
did
growe
:
by
the
hornie
gates
he
meant
the
eyes
,
shewing
that
the
eye-sight
maketh
the
truest
report
[
e
](B13659-e117630-b)
e
Hom.
in
Ili
.
.
Iustinian
calleth
it
oculatam
fidem
when
the
thing
is
knowne
by
the
eye
sight
[
f
](B13659-e117660-b)
f
§
vlt.
Iust.
de
grad.
.
And
he
hath
diligentlie
prouided
by
his
Lawes
,
that
innocencie
might
be
safe
against
sycophants
[
g
](B13659-e117670-b)
g
Nouel
.
constit
.
13.
et
16.
.
And
it
is
a
diuine
saying
in
the
ciuill
Law
,
Testimonia
,
instrumenta
non
tam
ad
praestigium
probationum
,
quàm
e
conscientiae
quae
mille
testium
loco
est
fide
producenda
sunt
[
h
](B13659-e117690-b)
h
L.
propriet
.
l.
vlt.
C.
de
probat
.
l.
eos
test
.
C.
de
testib
.
.
In
England
it
is
seuerelie
punished
by
the
Statute
of
5.
Elizab.
and
this
is
according
to
the
Law
of
God
:
Non
iurabitis
in
nomine
meo
mendaciter
,
neque
polluas
nomen
dei
tui
:
ego
dominus
[
i
i
i
i
i
](B13659-e117730-b)
i
Leuit.
19.
v.
12.
:
For
truth
was
so
much
fauoured
amongest
the
Heathen
,
that
the
Aegyptian
Iudges
had
the
image
of
Truth
hanged
about
their
neckes
.
And
the
coueting
of
the
thinges
that
belong
to
an
other
man
is
likewise
forbidden
:
of
his
wife
,
Qui
aspexeret
vxorem
proximi
sui
ad
concupiscendam
eam
,
iam
adulterium
perpetrauit
cum
ea
in
corde
suo
[
k
](B13659-e117770-b)
k
Matt.
5.
ver.
28.
.
And
Iustinian
his
Law
is
tarte
:
Si
quis
non
dicam
rapere
,
sed
attentare
tantummodo
virgines
sacras
auserit
,
capitali
poena
feriatur
[
l
](B13659-e117800-b)
l
C.
de
Episcop.
et
cler.
l.
si
quis
non
dicam
.
.
And
S.
Chrysostome
saith
well
:
Si
mulier
or
natur
vt
viros
irritet
,
etiamsi
neminem
vulneret
,
tamen
adultera
est
[
ll
](B13659-e117830-b)
ll
Chrysost.
in
Matth.
1.
homil.
17.
.
But
some
who
are
glad
with
fig-leaues
to
couer
their
faultes
,
and
to
purge
their
blacke
iaundise
with
a
glister
of
inke
,
doe
excuse
their
sinne
by
Dauids
example
,
hauing
committed
adulterie
with
Bersabe
the
wife
of
Vria
,
and
make
that
their
protection
,
for
which
Dauid
craued
a
pardon
:
But
their
soules
are
therefore
more
sinfull
,
because
they
followed
Dauid
as
he
was
a
sinner
:
the
woman
was
far
off
,
but
temptation
was
neare
,
as
S.
Augustine
saith
[
m
](B13659-e117900-b)
m
August
.
in
come
sup
.
Psal.
51.
,
his
owne
flesh
was
his
betrayer
,
and
when
he
opened
two
eyes
to
behold
her
beautie
,
hell
opened
two
gates
to
sinne
:
by
the
one
of
which
came
adulterie
,
by
the
other
murther
into
Dauids
hart
.
The
desire
likewise
of
an
other
mans
landes
or
goods
hath
been
euen
of
the
Paganes
detested
:
Vicinorum
sulcos
non
transgreditor
,
neque
interuertito
,
saith
Iustinian
the
Emperour
[
n
](B13659-e117950-b)
n
Iustini
.
l.
Georg.
tit
.
i.
.
Ne
transgrediaris
terminos
antiquos
saith
Plato
[
o
](B13659-e117980-b)
o
Plat.
lib.
8.
de
legib.
:
And
therefore
as
I
haue
shewed
before
,
Terminus
was
worshipped
of
the
Romanes
:
for
as
the
Poet
saith
:
Omnis
erit
sine
te
litigiosus
ager
.
And
the
Law
of
the
twelue
Tables
was
:
Qui
terminum
exarassit
,
ipsas
et
boues
sacri
sunto
.
Cu.
Pompeius
is
highlie
commended
of
Plinie
,
because
he
would
neuer
buy
anie
mans
ground
that
laie
and
so
haue
beene
put
to
death
[
i
](B13659-e118050-b)
i
Heliod.
lib.
1
:
Therefore
some
[
k
](B13659-e118060-b)
k
Alberic
.
Gentil
.
lib.
1.
de
iur
.
bell
.
c.
4.
doe
woonder
that
D.
Hotoman
dare
affirme
that
the
Law
of
Nations
doth
extende
to
fugitiues
and
robbers
[
l
](B13659-e118080-b)
l
Hotom
.
7.
vlt.
quaesti
.
:
and
his
first
reason
is
,
because
there
is
no
Law
which
doth
interdict
or
forbid
to
couenant
or
contract
with
them
:
and
such
thinges
as
are
not
verballie
forbidden
,
are
implicatiuelie
permitted
:
This
reason
is
of
no
force
,
for
in
that
they
be
enemies
to
all
,
and
doe
spare
no
man
,
they
ought
not
to
protect
themselues
by
that
which
is
the
Law
of
all
men
.
The
question
is
not
what
may
bee
done
vnto
them
,
and
how
manie
haue
dealt
with
them
,
but
how
by
rigor
of
Law
and
strict
reason
they
ought
to
be
dealt
with
.
To
dispute
of
Law
,
is
to
dispute
of
a
bonde
whereby
we
are
bound
,
but
wee
are
not
bounde
to
such
.
He
bringeth
likewise
for
proofe
the
saying
of
Caesar
:
Should
it
not
bee
lawfull
for
Citizens
to
send
embassadours
to
their
fellow
citizens
:
when
the
same
hath
been
permitted
to
roagues
and
theefes
haunting
the
wilde
woodes
of
the
Pyrenean
mountaines
[
m
](B13659-e118100-b)
m
Caesar
.
lib.
3.
de
bel
.
ciuil
.
.
But
this
maketh
nothing
to
his
purpose
:
for
Caesar
doth
not
there
directly
affirme
that
it
was
lawfull
,
but
he
spake
it
rather
to
bring
the
Pompeian
faction
into
hatred
,
signifying
that
they
did
afforde
the
securitie
of
embassing
to
such
lewde
persons
,
whereas
to
their
fellowe
Citizens
they
did
vtterlie
denie
it
:
But
heere
difference
must
be
held
betwixt
an
absolute
monarch
which
taketh
pray
or
spoyle
vppon
the
seas
,
and
dominions
of
other
princes
,
and
these
which
bee
pirates
without
all
colour
of
iustice
:
therefore
the
Pirats
answere
to
Alexander
is
misliked
,
[
n
](B13659-e118130-b)
n
Alberic
.
Gentil
.
lib.
1.
de
iur
.
bel
.
c.
4.
when
he
said
boldly
,
That
because
he
did
robbe
on
the
seas
with
one
small
pinnesse
,
therefore
hee
was
accompted
a
pirate
:
but
because
Alexander
did
the
same
with
many
great
gallies
,
therefore
he
was
tearmed
the
Gouernor
of
a
fleet
[
o
](B13659-e118150-b)
o
Cicer.
3.
de
repub.
:
howbeit
this
saying
of
the
pirate
seemeth
to
be
commended
by
Cicero
[
p
](B13659-e118170-b)
p
Ibid.
:
and
to
S.
Augustine
[
q
](B13659-e118190-b)
q
August
.
l.
4.
de
ciuit
.
dei
.
it
seemeth
to
haue
beene
spoken
truely
and
eloquently
,
which
is
very
straunge
,
vnlesse
they
did
accompt
Alexander
a
robber
,
whom
some
doubt
not
to
call
so
[
r
](B13659-e118210-b)
r
Luc.
10.
Senec
.
1.
de
benefic
.
:
and
Alciat
also
is
deceiued
,
which
not
onely
alloweth
the
said
speech
of
the
pirate
,
but
euen
piracie
it selfe
[
s
](B13659-e118230-b)
s
Alci
.
1.
Cons.
1.
,
because
forsooth
pirates
are
tollerated
of
some
princes
,
and
there
were
some
nations
which
did
publikely
practise
and
put
in
vre
that
course
of
life
.
The
Normanes
(
saith
P.
Emilius
)
as
antiquaries
doe
thinke
,
did
recken
and
repute
piracie
amongst
laudable
things
[
t
](B13659-e118250-b)
t
p.
Emil.
lib.
3.
Franc.
:
And
Alciat
reasoneth
further
,
That
they
offend
lesse
then
others
which
do
so
spoile
vpon
the
sea
,
where
the
law
of
nations
onely
is
of
force
and
no
other
law
:
for
(
saith
he
)
by
that
law
the
sea
is
common
.
This
manner
of
discoursing
becommeth
not
Alciat
:
but
regard
is
to
bee
had
,
whether
hee
that
before
was
a
robber
do
afterward
become
a
lawful
&
iust
captaine
,
which
Iustine
affirmeth
of
Aristonicus
[
u
](B13659-e118320-b)
u
Iustin
lib
35
:
neare
vnto
him
[
p
](B13659-e118330-b)
p
Plin.
lib.
18.
c.
6.
,
beeing
better
minded
then
Achab
to
Naboth
,
to
whom
he
said
:
Damihi
viniam
quae
appropinquat
domui
meae
[
q
](B13659-e118370-b)
q
3.
Reg.
21.
:
But
against
such
the
prophet
Esay
pronounceth
a
woe
:
Vae
qui
coniungitis
agrum
agro
,
et
domum
domui
[
r
](B13659-e118400-b)
r
Esai
.
5.
ver.
8.
:
But
because
these
thinges
are
plaine
,
they
neede
no
further
discourse
.
The
twelfth
Chapter
.
That
the
rules
of
Warre
and
Law
of
Nations
are
not
to
be
obserued
and
kept
with
Pyrates
,
Rebels
,
Robbers
,
Traytors
,
Reuoltes
,
and
Vsurpers
.
WIth
Pyrates
,
Rebels
,
Robbers
,
Traytors
,
and
Reuoltes
,
the
Law
of
Armes
is
not
to
be
obserued
and
kept
:
for
they
by
offending
haue
not
withdrawne
themselues
from
publique
iurisdiction
[
c
](B13659-e118450-b)
c
Bald.
3.
cons.
96.
:
for
by
offending
a
man
may
not
bee
said
to
be
of
more
price
,
or
of
greater
libertie
,
then
he
was
before
[
d
](B13659-e118460-b)
d
Paulus
l.
63.
ad
leg
.
Falc
.
,
and
for
an
other
reason
they
may
not
claime
aduantage
by
the
Law
of
Armes
,
because
that
Law
springeth
from
the
Law
of
Nations
,
and
such
persons
may
not
enioie
the
benefite
of
that
Law
to
which
they
are
enemies
:
To
these
men
which
haue
withdrawne
themselues
from
the
communion
and
societie
of
men
:
and
as
Florus
sayth
[
e
](B13659-e118480-b)
e
Flor.
lib.
3.
,
haue
broken
the
league
of
mankinde
;
how
can
the
Law
of
Nations
,
which
is
nothing
else
but
the
communion
and
league
of
Nations
,
extende
anie
fauour
.
Pyrates
(
as
Plinie
saith
)
are
enemies
to
all
men
lyuing
:
and
therefore
Cicero
sayth
,
that
if
thou
doest
not
bring
to
Robbers
or
Pyrates
the
raunsome
which
thou
hast
promised
for
thy
life
,
there
is
neither
offence
,
nor
fraudulent
dealing
:
no
though
thou
hast
promised
with
an
oath
[
f
](B13659-e118510-b)
f
Plin.
lib.
2.
c.
46.
Cicer.
pro
leg
.
manil
.
et
3.
de
offic.
.
Spartacus
that
notable
roague
did
mooue
Crassus
to
contract
a
league
with
him
:
But
he
was
with
indignation
reiected
[
g
](B13659-e118540-b)
g
Appi.
in
Mithrid
.
et
1.
ciuil
.
.
Tacfarinas
that
famous
robber
of
Affrike
grew
to
such
height
of
arrogancie
,
that
he
sent
Embassadors
to
Tiberius
the
Emperour
:
but
his
armie
was
sharpe
against
him
and
said
,
that
Tacfarinas
dealt
verie
reprochfully
with
him
,
because
hee
being
no
better
then
a
robber
by
highwaies
,
did
notwithstanding
so
deale
with
him
,
as
if
hee
had
beene
a
publique
or
iust
enemie
[
h
](B13659-e118590-b)
h
Tacit.
Annal.
3.
.
Warre
hath
neuer
been
as
Heliodorus
well
obserueth
,
compounded
or
determined
by
articles
or
leagues
with
such
dissolute
persons
,
but
either
they
haue
ouercomed
,
and
so
suruiued
,
or
els
haue
been
ouercome
,
Frontinus
of
Viriallius
[
x
](B13659-e118650-b)
x
Frontin
.
lib.
2.
c.
5.
:
and
Appian
of
Spartacus
:
of
Apuleius
who
was
proscribed
,
and
of
Sextus
Pompeius
[
y
](B13659-e118700-b)
y
Appia
.
lib.
1.
&
4.
bellor
.
ciuil
.
:
which
is
not
so
much
effected
by
the
leuying
of
a
great
armie
,
or
the
increase
of
the
same
,
as
these
writers
and
other
historians
[
z
](B13659-e118710-b)
z
Herodia
.
l.
1.
seeme
to
think
,
but
by
the
enioying
of
a
good
and
sound
title
,
and
by
the
maintaining
of
a
publike
cause
:
for
when
Viriallius
being
before
a
robber
did
employ
himselfe
wholie
for
the
defence
of
the
libertie
of
his
country
he
became
a
iust
captaine
,
and
may
well
be
said
to
haue
borne
lawfull
armes
:
for
which
cause
the
Romans
did
conclude
peace
and
league
with
him
,
and
did
likewise
call
him
their
friend
:
So
Arsaces
whilest
he
sought
to
winne
the
crown
of
the
kingdome
of
Parthia
,
being
his
cuntrie
from
the
Macedonians
,
was
when
he
had
committed
many
robberies
&
pillages
,
highted
a
lawfull
king
:
and
Aristonicus
whilest
hee
claimed
the
kingdome
of
Asia
by
right
of
bloud
and
course
of
succession
,
might
well
be
tearmed
a
gouernor
in
war
and
thought
to
haue
pursued
that
contention
which
is
commonly
called
war
.
And
so
it
may
be
noted
that
God
himselfe
would
that
Sampson
should
not
moue
against
the
Philistines
without
cause
,
but
so
did
bring
to
passe
that
from
priuate
occasions
he
should
as
it
were
by
degrees
ascend
to
a
publike
quarrel
[
a
](B13659-e118780-b)
a
Iudic.
14.
:
but
they
which
ground
not
their
wars
vpon
a
publike
cause
are
not
properly
enemies
though
they
haue
armes
,
and
do
terme
themselues
gouernors
,
&
though
they
encounter
such
as
be
lawful
gouernors
,
and
haue
vnder
their
regiment
a
complete
armie
of
soldiers
:
he
is
properly
an
enemy
which
hath
a
court
or
a
commonweale
,
a
treasurie
,
&
power
to
make
league
,
peace
and
truce
.
And
Charles
Martelle
did
say
of
the
Saracens
that
they
could
not
therefore
cleane
themselues
from
the
fault
of
robbers
because
they
went
in
great
troopes
,
&
because
they
had
captaines
,
&
tentes
,
and
ensignes
[
b
](B13659-e118800-b)
b
P.
Emil.
li.
2.
,
sithence
they
had
no
iust
cause
of
war
which
is
the
only
warrant
of
bearing
armes
[
c
](B13659-e118810-b)
c
Ceph
.
consil.
620.
:
What
shall
then
be
said
of
these
French
men
which
were
taken
in
the
Portugall
warre
of
the
Spaniards
,
and
were
not
vsed
as
iust
enemies
:
the
soldiers
I
meane
of
Don
Antonio
were
handled
as
pirates
:
yet
the
very
historie
doth
conuince
that
they
were
not
pirats
:
for
they
did
shew
forth
their
kinges
letters
,
the
king
of
France
his
letters
whom
they
did
serue
,
&
not
Don
Antonio
though
for
him
they
did
fight
[
d
](B13659-e118850-b)
d
Connest
.
l
9
:
but
they
which
haue
beene
subiect
to
others
,
&
are
recoiled
from
their
loyaltie
of
lieges
becomming
rebels
,
let
them
beware
how
they
send
embassadors
to
him
from
whom
they
haue
reuolted
.
But
it
cannot
be
discerned
by
the
law
of
nations
which
Phillip
late
king
of
Spaine
did
to
certaine
Flemings
which
came
to
him
as
embassadors
,
though
they
were
neuer
vnder
his
legeance
or
subiection
,
their
estates
hauing
bin
free
from
time
immemorial
,
as
al
histories
of
account
do
with
clear
voice
pronounce
:
And
Dionisius
did
imprison
the
embassadors
of
the
Sir
acusanes
,
because
that
city
hauing
driuen
the
tirant
into
his
tower
did
set
themselues
at
libertie
[
e
](B13659-e118900-b)
e
Plutarch
.
in
Dio.
:
but
Buchanan
seemeth
to
erre
,
which
compareth
two
iust
princes
,
nay
such
as
himself
confesseth
to
be
most
iust
[
f
](B13659-e118920-b)
f
Buch.
in
lib.
de
re.
Scot.
,
namely
Hiero
of
Siracuse
,
and
Cosimo
Medices
Duke
of
Tuscana
,
to
two
great
theeues
which
did
iustly
diuide
the
pray
,
&
did
rule
well
though
they
came
vniustly
by
it
:
for
how
was
Cosimo
a
robber
,
if
hee
did
vndertake
the
gouernement
of
that
citie
which
did
willingly
offer
vnto
him
the
gouernment
,
he
shold
perhaps
haue
suffered
it
to
be
subdued
by
some
forreigne
Lord
:
or
els
haue
left
the
regiment
to
others
who
would
haue
hazarded
that
ship
vpon
rocks
and
tempests
,
whereas
that
excellent
man
knew
well
how
to
keepe
the
ship
in
the
hauen
:
but
it
seemeth
that
the
law
of
armes
is
not
bee
kept
to
an
vsurper
:
and
therefore
Constance
the
Emperour
could
not
iustly
bee
reproued
if
hee
had
punished
these
embassadors
,
which
Iulianus
being
consorted
with
him
in
the
Empire
by
the
French
armie
did
send
vnto
him
,
as
he
threatned
hee
would
,
for
both
Iulianus
and
the
armie
were
rebels
[
g
](B13659-e119010-b)
g
Amm.
li.
21
.
But
this
is
to
bee
vnderstood
onely
of
such
rebelles
and
such
vsurpers
as
haue
beene
sometimes
in
subiection
,
and
vnder
the
leigeance
of
some
absolute
Monarch
:
for
they
which
doe
onely
breake
league
or
friendship
,
or
ancient
entercourse
,
are
not
to
bee
excluded
from
the
right
and
benefit
of
embassage
[
h
](B13659-e119020-b)
h
Alber.
Gentil
.
l.
2.
de
legat
.
c.
7.
:
for
how
often
did
the
Volscians
,
Latines
,
Spaniards
,
and
many
others
reuolt
from
the
Romanes
,
and
yet
sent
embassadors
to
them
without
hurt
or
fear
of
danger
[
i
](B13659-e119030-b)
i
Liui.
lib.
5.
6.
29.
&c.
&
Appi.
lib.
1
de
bel
.
ciuil
.
:
they
may
lawfully
claime
the
right
of
embassage
,
because
they
had
and
enioyed
it
before
their
reuolt
,
but
otherwise
it
is
of
subiects
,
because
they
had
it
not
so
,
neither
is
it
reason
that
they
should
gaine
any
new
right
,
or
haue
any
aduauntage
by
their
crime
or
offence
.
The
thirteenth
Chapter
.
That
by
the
law
and
practise
of
nations
,
warre
is
not
to
be
maintained
against
infidels
,
onely
because
they
are
infidels
,
and
that
princes
in
their
realmes
may
inflict
punishment
for
straunge
worships
.
IF
religion
be
of
that
nature
,
that
no
man
ought
against
his
will
to
bee
compelled
vnto
it
by
force
of
armes
,
and
that
be
tearmed
a
new
and
vnusuall
preaching
which
exacteth
faith
by
blowes
:
then
it
followeth
that
such
war
is
not
iust
[
a
](B13659-e119080-b)
a
c.
35.
23.
q.
5.
c.
1.
3.
disti
.
45.
c.
3.
de
babt
.
.
It
is
a
point
of
irreligiousnes
(
saith
Tertullian
)
to
forbidde
the
opinion
conceiued
of
the
deitie
,
and
that
it
shall
not
bee
lawfull
for
mee
to
worship
whom
I
would
,
but
I
shall
bee
constrained
to
worship
whom
I
would
not
[
b
](B13659-e119100-b)
b
Tertul.
Apolog.
et
ad
Scap.
:
Faith
is
to
be
perswaded
,
not
to
be
enforced
(
saith
Barnard
)
[
c
](B13659-e119130-b)
c
Barn
.
cantic.
ser.
66.
:
And
Hilarie
saith
,
that
by
a
newe
example
men
are
compelled
by
armes
to
beleeue
[
d
](B13659-e119160-b)
d
Erasm.
pref.
Hill
.
.
So
Lactantius
saith
,
that
religion
must
be
established
by
words
,
not
by
swords
[
f
](B13659-e119180-b)
f
Lactant.
5.
Iustin
.
20.
21.
:
&
so
Arnobius
saith
to
his
aduersaries
:
Because
ye
can
do
much
by
force
and
weapons
,
doe
ye
therefore
thinke
that
ye
do
exceed
vs
in
the
knowledge
of
the
truth
[
g
](B13659-e119210-b)
g
Arnob.
adu
.
ge.
4.
?
Ye
haue
heard
authors
,
now
heare
reasons
.
That
which
is
against
the
nature
of
a
thing
cannot
tend
to
the
effecting
or
preseruing
of
that
thing
,
but
to
the
destroying
of
it
:
That
which
standeth
by
his
owne
strength
is
not
to
bee
vpheld
by
other
supporters
.
This
opinion
of
not
mouing
armes
for
religion
,
Franciscus
a
Victoria
a
verie
learned
man
,
affirmeth
Didacus
a
Couarruuia
a
Spaniard
likewise
&
a
learned
Lawier
[
i
](B13659-e119250-b)
i
Couarer
.
reg.
pre.
§.
10.
,
doth
vouch
many
Canonistes
and
Diuines
which
doe
teach
the
same
.
Baldus
also
affirmeth
,
that
it
is
not
lawful
to
wage
battell
against
infidels
liuing
with
vs
in
peace
,
and
not
being
iniurious
vnto
vs
[
k
](B13659-e119270-b)
k
Bald.
lib.
5.
de
iustir
.
:
yet
Didacus
saith
,
that
Aquinas
is
of
a
contrarie
opinion
[
l
](B13659-e119300-b)
l
Couar
.
vbi
supr.
.
And
the
fathers
of
the
councell
of
Toletum
did
make
a
decree
touching
the
afflicting
of
hereticks
by
warre
,
which
is
recorded
in
the
cannon
lawe
[
m
](B13659-e119320-b)
m
c.
3.
de
her
.
c.
5.
dist.
45.
.
And
Barnard
mouing
Lewis
king
of
Fraunce
against
Asia
saith
:
Can
any
war
seeme
more
iust
to
the
then
that
which
is
most
holy
.
The
Lacedemonians
also
amongst
other
obiections
made
this
a
cause
of
their
warre
amongst
the
Athenians
,
and
said
that
they
were
prophaners
of
religion
:
and
the
Athenians
did
on
the
contrarie
parte
charge
the
Lacedemonians
with
this
,
that
they
did
drawe
them
that
yeelded
themselues
out
of
the
temples
,
and
killed
them
[
n
](B13659-e119380-b)
n
Thuc.
lib.
1.
.
But
surely
such
pretenses
are
but
colorus
of
auarice
and
crueltie
,
for
there
is
no
religion
so
barbarous
,
which
moueth
vs
to
slay
men
of
a
contrarie
religion
[
o
](B13659-e119390-b)
o
Na.
Co.
li.
1.
.
King
Ferdinand
entitled
the
Catholike
,
did
couer
all
his
dishonest
desires
with
the
vaile
of
religion
,
as
Guicchiardine
noteth
[
p
](B13659-e119420-b)
p
Guicc
.
li.
12.
.
And
Charles
the
Emperor
the
nephew
of
Ferdinand
did
not
garnish
his
ambitious
enterprises
with
any
other
colour
[
q
](B13659-e119450-b)
q
Iou.
lib.
30.
.
But
the
warres
of
the
French
and
other
people
of
Europe
which
did
relieue
the
Christians
vexed
of
the
Turkes
,
and
reuenging
the
iniuries
done
to
Christ
haue
beene
liked
&
allowed
of
[
r
](B13659-e119470-b)
r
Couar
.
reg.
pecc
.
§.
co.
:
but
that
is
an
other
question
of
defensiue
war
,
which
without
all
doubt
is
lawful
,
if
it
be
maintained
by
them
that
may
vndertake
the
defence
lawfully
.
But
now
the
question
is
whether
only
by
pretence
of
religion
war
may
be
vndertaken
,
and
this
hath
bin
denied
,
and
the
reason
is
,
[
s
](B13659-e119480-b)
s
Alber.
Gentill
.
lib.
1.
de
iur
.
bel
.
c.
9.
for
that
the
cause
of
religion
is
not
betwixt
man
&
man
,
but
betwixt
man
and
God
:
neither
is
the
right
of
any
man
preiudiced
for
a
diuers
religion
,
because
the
bond
of
religion
is
onely
to
God
:
&
it
is
a
law
betwixt
God
and
man
.
But
here
wee
doe
not
speake
of
such
,
which
are
altogether
voide
of
religion
,
and
liue
rather
the
life
of
beastes
then
of
men
.
For
they
like
pirates
,
the
common
and
dayly
enemies
of
all
men
are
to
be
pursued
by
war
,
&
to
be
brought
by
armes
into
compasse
,
and
to
the
order
of
ciuill
conuersation
.
For
they
may
iustly
seeme
to
bee
iniurious
to
all
men
which
in
the
bodies
of
men
carie
the
appetites
of
beastes
,
yea
most
sauage
beastes
:
for
that
there
is
some
sparke
of
religion
in
some
kindes
of
brutish
creatures
,
hath
beene
deliuered
and
belieued
.
These
are
they
which
fight
with
God
after
the
manner
of
the
Giantes
,
which
is
as
much
to
say
as
to
resist
nature
,
for
religion
is
parcell
of
the
law
of
nature
[
a
](B13659-e119490-b)
a
Caluin
.
li.
1.
institut
.
.
And
(
as
Cicero
saith
,
there
is
no
nation
which
haue
not
some
religion
[
b
](B13659-e119510-b)
b
Cicer.
lib.
1.
de
nat.
deor
.
:
for
though
many
nations
follow
not
a
good
religion
,
yet
there
are
few
voide
of
all
religion
.
[
c
](B13659-e119520-b)
c
Baldus
.
1.
cons.
316.
Where
Agathias
said
,
that
the
Almaines
wer
worthy
of
pittie
though
idolaters
.
Therfore
such
are
to
be
suffered
and
to
be
taught
,
not
to
be
compelled
&
exterminated
:
and
many
ciuilians
haue
answeared
in
the
point
,
that
the
Iewes
were
not
to
bee
molested
nor
enforced
to
the
faith
,
though
they
sithence
Christes
doctrine
reuealed
vnto
them
differre
nothing
from
Idolaters
.
Now
let
vs
consider
whether
warre
and
sword
ought
to
be
assayed
against
such
as
despised
the
religion
receiued
in
a
Citie
or
commonweale
:
but
doubtlesse
they
which
haue
vsed
strange
worship
haue
bin
in
all
commonweales
seuerely
punished
.
Plato
against
such
awarded
a
capitall
punishment
[
d
](B13659-e119550-b)
d
Plat.
10.
de
legi
.
:
the
ciuill
lawes
haue
made
diuers
punishments
[
e
](B13659-e119560-b)
e
Iust.
1.
Apol.
:
for
this
cause
Socrates
is
killed
at
Athens
:
Diagoras
is
proscribed
,
and
some
in
other
places
be
punished
,
slaine
[
f
](B13659-e119590-b)
f
Ioseph
.
1.
App.
Cicer.
1.
de
natur
.
deor
.
Plut.
Nic.
.
Anacharsis
was
slaine
of
his
countrymen
:
the
Thracians
for
his
greekish
rites
,
which
he
did
vse
being
returned
out
of
Greece
[
h
](B13659-e119620-b)
h
Herodot
.
4.
.
And
Tiberius
was
hote
against
externall
ceremonies
,
and
against
the
Aegyptian
and
Iewish
rites
.
And
Augustus
did
vse
the
accustomed
religion
,
and
did
not
tollerate
anie
new
[
i
](B13659-e119650-b)
i
Sueton.
93.
Dio.
53.
54.
.
And
so
Maecenas
did
counsaile
Augustus
to
punish
such
as
brought
in
new
or
foreine
religion
:
because
they
drewe
manie
into
conspiracie
,
and
to
other
inconueniences
,
verie
preiudiciall
to
a
Monarchie
[
k
](B13659-e119680-b)
k
Dio.
lib.
52.
.
And
some
Princes
for
the
same
cause
doe
mislike
the
doctrine
of
Luther
[
l
](B13659-e119700-b)
l
Guicc
.
13.
20.
.
But
other
Princes
which
hearken
to
Luther
are
of
a
contrarie
minde
.
Surely
such
religion
as
distroyeth
the
gouernment
of
common
weales
and
Monarchies
,
is
not
to
be
suffered
[
m
](B13659-e119720-b)
m
Aelia
.
lib
9.
:
But
if
the
religion
be
good
and
do
not
hurt
Princes
,
they
that
withstand
it
are
like
the
stubberne
Persians
which
resisted
Daniell
[
n
](B13659-e119750-b)
n
Dan.
6.
.
But
some
perhaps
will
saie
,
that
diuersitie
of
religion
hindreth
the
societie
of
men
,
as
contrariwise
the
vnitie
thereof
doth
preserue
it
,
which
Philo
speaketh
of
his
countriemen
the
Iewes
[
o
](B13659-e119780-b)
o
Phil.
de
for
.
.
And
others
haue
said
that
by
the
difference
of
religion
and
sectes
,
and
by
the
distance
of
life
and
maners
hatred
and
seditions
arise
,
by
which
euils
,
cities
often
do
perish
.
All
diuersitie
of
religion
dissolueth
gouernment
as
Cardanus
thinketh
[
p
](B13659-e119800-b)
p
Card.
3.
de
sap.
.
And
a
moderne
polititian
doth
earnestlie
auouch
the
same
[
q
](B13659-e119820-b)
q
Lips
.
in
polit.
.
Wherefore
Procopius
saith
,
that
Christians
by
disputing
subtillie
of
their
Faith
,
and
contending
amongest
themselues
,
doe
stir
vp
sedition
[
r
](B13659-e119850-b)
r
Procop.
3.
Goth.
.
And
an
other
historian
addeth
:
If
at
anie
time
controuersie
doe
arise
of
Faith
,
parents
do
not
onely
dissent
from
their
children
,
but
the
husband
from
the
wife
in
seditious
manner
[
s
](B13659-e119870-b)
s
Nic.
Call
.
17.
Histor.
7.
.
Valentinian
and
Gratian
both
famous
Princes
,
doe
denie
vnto
Valens
neare
vnto
them
in
bloude
,
aide
and
succour
for
this
diuersitie
of
Religion
[
t
](B13659-e119910-b)
t
Zonar
.
Cedr
.
Callis
.
11.
histor.
49.
:
and
added
further
,
that
it
was
not
iust
nor
godlie
to
helpe
an
vngodlie
man
,
and
to
enter
into
a
societie
with
an
enemie
of
God
,
a
professed
Arrian
.
And
vpon
that
reason
Iustinian
the
Emperour
mooueth
the
French
against
the
Gothes
,
because
they
also
were
Arrians
[
m
](B13659-e119950-b)
m
Procop.
Goth.
3.
4.
.
All
which
come
to
this
summe
,
that
the
Princes
cause
may
seeme
iust
,
who
suffereth
one
Religion
,
and
which
maintaineth
it
by
punishments
.
Yet
some
are
of
an
other
minde
,
that
force
is
not
to
be
vsed
against
them
which
embrace
a
contrarie
Religion
:
but
they
temper
their
opinion
with
this
caution
:
Nisi
quid
detrimenti
illinc
respub
.
capiat
.
Vnlesse
the
common
weale
may
receiue
some
dammage
thereby
[
n
](B13659-e119970-b)
n
Alber.
Gen.
lib.
1.
de
iur
.
bel
.
c.
10.
.
And
therefore
Augustus
is
reported
to
haue
fauoured
the
synagogues
of
the
Iewes
,
because
to
him
they
seemed
not
Bacchanals
or
conuenticles
made
for
disturbing
peace
,
but
the
schooles
of
vertue
[
o
](B13659-e120010-b)
o
Phil.
de
legati
.
:
for
many
times
vnlawfull
assemblies
be
vnder
pretence
of
Religion
[
p
](B13659-e120020-b)
p
l.
2.
de
extra
.
or
.
l.
1.
de
coll.
,
which
are
neuer
without
daunger
,
and
haue
alwaies
been
forbidden
[
q
](B13659-e120030-b)
q
Mant.
in
orat
.
pro
Sext.
&
Asc
.
pro
Cornel.
:
But
when
it
is
apparant
that
such
meetings
are
not
made
of
euill
intent
,
the
prohibitiue
Law
ceaseth
[
r
](B13659-e120040-b)
r
Alciat
.
5.
consil.
107.
Launpr
.
Plin.
vltim
.
epistol.
103.
104.
Euseb.
3.
27.
33.
Tertul.
apol.
.
And
there
is
an
Epistle
of
the
Emperour
Marcus
extant
,
forbidding
Christians
to
be
troubled
,
vnlesse
they
were
conuicted
to
haue
attempted
some
thing
against
the
common
weale
,
and
if
nothing
were
obiected
vnto
them
but
diuersitie
of
Religion
.
And
Alexander
Seuerus
did
allowe
the
priuiledges
of
the
Iewes
,
and
did
tollerate
Christians
.
And
Traian
did
before
commande
,
that
the
Christians
should
inioy
their
libertie
being
instructed
by
Plynie
of
their
innocencie
.
Euen
in
S.
Peters
Church
at
Rome
the
Easterne
people
and
the
Aethiopians
doe
offer
sacrifice
after
their
maner
,
&
are
mainteined
at
the
Popes
charge
[
s
](B13659-e120130-b)
s
Ioui
.
lib.
18.
.
The
Lutheranes
are
permitted
to
haue
their
publique
exercise
in
all
the
principalities
and
dominions
of
the
house
of
Austrich
in
Germanie
.
But
diuers
Religions
are
not
permitted
of
the
Lutherane
Princes
:
though
Bellarmin
affirmeth
it
,
but
of
the
Papistes
which
is
denied
by
him
[
t
](B13659-e120200-b)
t
Bellarm.
5.
cont.
lib.
3.
c.
19.
et
18.
.
One
Religion
onlie
is
not
professed
in
the
citie
of
Augusta
,
of
Ratisbona
,
of
Frankford
,
and
other
free
Cities
of
Germanie
In
such
sort
liue
the
Polonians
,
the
Heluetians
,
the
Rhetians
,
and
thou
either
deceiuest
vs
,
or
els
art
deceiued
Iustus
Lipsius
[
u
](B13659-e120290-b)
u
Lips
.
de
vna
relig.
,
which
deniest
that
there
is
but
one
Religion
in
any
one
principalitie
of
Germanie
.
There
is
indeed
but
one
suffered
of
the
Lutherane
Princes
,
&
this
is
true
,
notwithstanding
Bellarmins
premised
assertion
:
But
of
the
Princes
of
Austria
not
onlie
the
religion
of
Luther
is
tolerated
,
but
euen
the
heresie
of
the
Anabaptistes
.
And
whereas
Bellarmin
saith
,
that
three
onelie
Emperors
did
permit
diuers
religions
:
namelie
Iouinian
,
who
was
reprooued
by
Synode
:
Valens
who
was
an
Arrian
:
and
Iulianus
who
was
an
Apostata
.
Surelie
there
is
none
of
sound
iudgement
but
will
agree
with
him
in
this
,
that
Princes
ought
principallie
to
regarde
the
vnitie
of
Religion
,
as
a
thing
most
pleasing
vnto
God
:
who
hath
said
by
his
holie
Apostle
Ephesi.
4.
vers.
5.
6.
Vnus
Domiuns
:
vna
fides
:
vnum
baptisma
:
vnus
Deus
et
pater
omnium
[
uu
](B13659-e120410-b)
uu
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
:
If
God
,
Faith
,
and
Baptisme
in
generall
,
and
quocunque
modo
would
haue
serued
,
Paule
who
in
his
heauenlie
Epistles
vseth
not
one
word
superfluous
,
would
not
haue
said
vnus
,
vna
,
vnum
:
would
not
haue
vrged
it
,
would
not
haue
exacted
it
,
would
not
haue
cried
for
it
.
Yet
I
would
not
haue
weapons
and
armes
to
stir
vp
warre
for
Religion
onelie
,
if
rebellion
or
disloialtie
be
not
mixed
with
it
:
For
heresies
may
be
punished
,
and
yet
citra
bellum
,
without
warre
.
Let
Lipsius
therefore
[
uu
](B13659-e120500-b)
uu
Trismeg
.
de
nat.
deo
.
Dio
lib.
42.
:
For
it
appeareth
by
Diodorus
Siculus
,
that
the
diuersitie
of
Religions
was
to
this
purpose
brought
into
Aegypt
,
that
the
people
might
disagree
amongest
themselues
,
and
so
haue
no
leasure
nor
opportunitie
to
conspire
against
their
king
[
x
](B13659-e120530-b)
x
Diodor.
Sicul
.
lib.
2.
.
The
Aegyptians
(
saith
one
[
a
](B13659-e120550-b)
a
Phil.
de
10.
)
are
by
nature
wont
of
little
sparkes
to
raise
great
flames
:
For
the
Aegyptians
as
others
report
of
them
,
are
men
vnconstant
,
raging
,
proude
,
iniurious
,
desirous
of
nouelties
,
and
willing
to
chaunge
a
present
state
wish
an
erroni●us
libertie
[
b
](B13659-e120570-b)
b
Vopisc
.
Dio
39.
42.
:
And
therefore
it
was
well
considered
by
Augustus
and
Tiberius
Emperours
,
that
no
Senator
,
that
is
,
no
noble
nor
mightie
man
should
gouerne
Aegypt
,
or
should
goe
into
Egypt
[
c
](B13659-e120600-b)
c
Tacit.
annual
.
2.
.
But
that
Princes
may
commaunde
the
due
obseruation
and
practise
of
Religion
,
according
as
God
infourmeth
their
consciences
by
the
rules
of
his
sacred
worde
,
and
the
instruction
of
his
true
teaching
spirite
,
in
their
Realmes
,
dominions
,
and
kingdomes
,
wherein
they
haue
absolute
power
,
and
may
with
seuere
punishments
correct
the
frowardnes
of
men
addicted
to
straunge
worshippes
,
may
by
the
vnited
practise
of
all
common
weales
be
conuinced
.
A
king
saith
Aristotle
in
auncient
time
was
the
Gouernor
in
warres
,
the
Ruler
in
iudgements
,
the
maintenour
of
Religion
[
d
](B13659-e120620-b)
d
Politic.
lib.
3.
c.
11.
et
5.
.
This
hath
been
obserued
of
the
Assirians
,
Persians
,
Medes
,
Iewes
,
Graecians
,
Romanes
,
and
all
other
the
most
eminent
Nations
of
the
world
[
e
](B13659-e120640-b)
e
Iustin
.
Procop.
Cursius
.
Varro
.
D.
August
.
3.
4.
5.
et
6.
de
ciuit
.
dei
.
.
And
so
it
is
reported
in
Scripture
of
Asa
,
that
he
tooke
away
the
altars
of
the
strange
Gods
,
and
the
high
places
,
and
brake
downe
the
Images
,
and
cut
downe
the
groues
,
and
commaunded
Iudah
to
seek
the
Lord
God
of
their
fathers
,
&
took
away
out
of
all
the
cities
of
Iuda
the
high
places
,
and
images
;
therefore
the
kingdome
was
quiet
before
him
[
f
](B13659-e120680-b)
f
2.
Chronic.
24.
.
And
Iustinian
the
Emperour
speaketh
imperiously
:
We
command
(
saith
he
)
the
blessed
Archbishops
of
Rome
,
Constantinople
,
Alexandria
,
Theopolis
,
and
Ierusalem
,
to
receiue
for
ordeining
and
installing
of
Bishops
,
onely
that
which
this
present
law
doth
allow
[
g
](B13659-e120720-b)
g
Nouel
.
constit
.
123.
.
Archadius
setteth
downe
both
law
&
punishment
in
some
cases
of
religion
.
If
any
Bishop
refuse
to
communicate
with
Theophilus
,
Atticus
,
and
Prophyrius
,
he
shall
lose
both
his
Church
and
his
goodes
:
if
any
that
beare
office
,
they
shall
forfeit
their
dignitie
:
hee
shall
lose
his
seruice
:
if
any
of
the
common
people
,
let
them
be
fined
and
exiled
[
h
](B13659-e120760-b)
h
Nicephor
.
li.
13.
c.
30.
Sozome
.
lib.
8.
c.
24.
.
I
will
not
insist
longer
vpon
a
matter
plaine
,
but
will
cut
off
these
lines
to
auoid
tediousnes
.
FINIS
.